Does state law override an “as is” designation regarding a car purchase?
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Does state law override an “as is” designation regarding a car purchase?
I bought a used car from a dealership. The state Buyer’s Guide window sticker that came with the car cited no problems. The night I brought it home, it was leaking oil and coolant. After a diagnostic was done, it was determined that the head gaskets need replacing, a very expensive repair. The back of the Buyer’s Guide states that the dealership is responsible, under the “obligation to remedy undisclosed problems” paragraph. This problem existed before the vehicle was purchased and the vehicle was not driven after the problem was discovered. However, the vehicle was purchased “as-is”. Does the aforementioned paragraph on the back of the buyer’s guide override the “as-is” sipulation?
Asked on September 4, 2012 under General Practice, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Common law in all states overrides an "as is" designation reagrding a car purchase as follows. A seller of a car is required to disclose all material items pertaining to the car to a potential buyer pertaining to desirability or price paid before the sale. In your matter, if the seller knew that there were problems with your car before sale and did not disclose such to you, then there was "concealment" which is a form of fraud.
You have the burden of proving "concealment" and this knowledge beforehand. Your damages would be the costs of repair of the car.
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