Wednesday, August 6, 2014

What does “As-Is” mean in a car deal?

If you just bought a used car from a dealer, you probably signed several documents saying you are purchasing the car “as-is.” What does this mean? It basically means you get what you see. No warranties, no promises.

Does this mean I am stuck with this car?

Well, no. Although the “as-is” clause protects the dealer to some extent, there are still remedies available to the consumer.

1. Uniform Commercial Code (UCC) Rejection/Revocation.

The UCC allows the buyer to reject any purchased goods within a reasonable time for inspection. So if you just purchased the car, you may be able to return it and get your money back. If you decide to “reject” the car, you must notify the dealer immediately, and not treat the car as you own. Even after accepting the car, if you later learn that the car is substantially different from what was described or promised, you may be able to revoke your acceptance.

2. Express Warranties

Just because the dealer is selling you the car “as-is” doesn’t mean he can turn around and make all of his promises invalid. If the dealer makes factual promises or representations of the car (such as “this car has 50,000 miles on it” or “we put a new engine it last year”), that is an express warranty that you can hold him to. In most states dealers cannot disclaim express warranties.

3. Unlawful Trade Practices Act (UTPA) Disclosures

In Oregon, car dealers are required to make disclosures about certain defects on the cars they sell. The Attorney General’s Official Commentary to the Motor Vehicle Price and Sales Disclosure Rules states:

“Unless explicitly disclosed prior to a sale or lease, a motor vehicle that is offered for sale or lease to the public is represented, either directly or by implication, to be roadworthy when it is sold, to have an unbranded title and to have no undisclosed material defects. . . Examples of negligent disregard of some things that should put a dealer on notice and trigger its duty to disclose might include, but is not limited to, a large pool of oil or antifreeze under the vehicle, dark colored smoke coming from an exhaust pipe, water stains on carpet or doors, a different color paint than the body under the hood or in the trunk or tires that are worn very unevenly.” OAR 137-020-0020(3)(o), Official Commentary.

Check your state’s Unfair and Deceptive Acts and Practices (UDAP) statute to see if your state provides similar prohibitions.

If you bought a car that is causing you problems, the best thing to do is to contact an attorney and ask about your rights and remedies.


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