Car Law from A to Z: A is for “As-Is”
You have likely seen the window sticker (called a Buyer’s Guide) in a vehicle that allows the vehicle dealer to sell the vehicle with or without warranty. Without warranty means “as-is”. Too many people call my office having had verbal promises of future repairs (“if anything goes wrong we will handle it, don’t worry”) with the dealer prior to doing the purchase transaction paperwork but the paperwork reflects the vehicle was sold “as-is”. Bad. Really bad for the consumer.
Be sure to get any dealer/seller promises in writing and if the dealer makes promises to repair the vehicle or otherwise be responsible for future problems do not sign documents indicating the purchase transaction was “as-is.” If the dealer is not willing to put it’s promises in writing that should raise a red flag for you the consumer.
One important note, however, that is helpful to consumers: an “as-is” disclaimer does not prevent claims for violations of odometer statutes, fraud claims, unfair and deceptive acts claims, or a claim for breach of warranty.
For more resources and information on protecting yourself when entering into a vehicle transaction see the resources at the bottom of this blog post. If you need further or specific assistance contact me at your convenience for a free initial consultation.
Vehicle Buyer’s Toolbox
Used Vehicle Problem Flow Chart—find out if you have a potential case
Vehicle Problem Log–for charting or listing the headaches you have had with your vehicle!
THINK AND READ BEFORE YOU BUY………
Tips for Buying a Used Vehicle Does finding a reliable used car seem like an attempt to get onto a busy freeway? Confusing, overwhelming, etc….A vehicle can be a costly endeavor and even if you buy used you want to do your homework and get the best for your money. Here are some things to review, obtain, and consider…read more
♦ Buying a Used Car (information from the Federal Trade Commission; includes link to information in Spanish)
♦ Buying a New Car (information from the Federal Trade Commission; includes link to information in Spanish)
♦ How to Buy A Car (a wealth of information and resources on purchasing a vehicle; includes link to information in Spanish)
♦ Protect Yourself from Auto Fraud (Tips to keep you from being ripped off)
Price that vehicle!
- Kelley Blue Book (provides info on prices and values for vehicles)
- National Automobile Dealers Association Guide a/k/a “The Blue Book” (provides info on prices and values for vehicles)
- Edmunds.com (provides info on prices and values for vehicles)
Know Your Rights!
♦Car Law: A to Z (Common terms and concepts associated with vehicles and vehicle law issues; a must read item and a great reference guide!)
♦ Legal claims and remedies regarding issues with your vehicle (summarizes potential legal claims, requirements, damages, and other aspects of the law as relate to vehicles)
♦ Car Law: Claims and Remedies (legal education paper)
♦ Your legal rights regarding your vehicle (Information on what to do in case of an accident, odometer fraud, failure to disclose vehicle damage, lemon law, used vehicle issues and tips for buying a used vehicle, guide to vehicle insurance coverage, and motor vehicle repair issues)
♦ North Carolina Lemon Law Act (link to the North Carolina statute that protects you upon your purchase of a new vehicle)
♦ North Carolina Vehicle Mileage Act (link to the North Carolina statute that protects you from odometer fraud)
♦ North Carolina Motor Vehicle Repair Act (link to the North Carolina statute that protects you regarding repairs to your vehicle)
♦ Preventing Ripoffs in Vehicle Repair and Maintenance (From Edmunds.com)
- Posted in: auto dealer fraud ♦ Auto Fraud ♦ Car Law/Vehicle Law/Lemon Law ♦ Consumer Law/Consumer Protection ♦ Warranties and Vehicle Service Contracts
- Tagged: as-is, attorneys' fee, auto dealer fraud, breach of warranty, Buyers Guide, Chapter 75, disclaimer, FTC Used Car Rule, Magnuson Moss Warranty Act, odometer rollback, treble damages, unfair and deceptive