Generally, the term “as-is” refers to vehicles sold with no warranty protections. And since Lemon Laws are meant to hold manufacturers accountable for their warranties, any vehicle that is sold with some type of warranty cannot lawfully be labeled “as-is.” Moreover, the Magnuson-Moss Warranty Act prevents sellers from disclaiming implied warranties if a written warranty or service contract is provided by the seller within 90 days of the sale of the vehicle.
Implied warranties are different than the express written warranties provided by the seller or manufacturer, which limit protections to specific services, like repairs. Implied warranties arise as a matter of law with the sale of any consumer product and guarantee that the product will perform at a level of quality that you would expect from another similar product.
Per the plain language of the law, all vehicles must be “merchantable” or fit for their ordinary and intended purpose. In the context of automobiles, that means the vehicle must be reliable and provide trouble-free transportation.
Even if your car didn’t come with any warranty or service contract at the time of sale, federal law still requires that the selling dealer plainly disclose that the vehicle is being sold “as-is.” The dealer must affix a “Buyers Guide” or window sticker to the vehicle, making clear that the vehicle is sold “as-is.”
Thus, simply because a car dealer slaps the label “as-is” on your purchase contract, that doesn’t mean that you don’t have any rights. An experienced Lemon Law attorney can help you determine if your vehicle qualifies for relief under state or federal Lemon Laws, even if the selling dealer attempted to label the vehicle “as-is.” So if you feel that you’ve purchased such a lemon, we’re happy to review your case for free and counsel you on the best course of action.