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April 1, 2016
private party. Private party auto sales. When you purchase a Legal
As is Sales. One of the most common types of vehicle from a private party (i.e. individual seller From LEMON LAW, page 8
on auto trader), there are no implied warranties.
sales our Soldiers will see is the “as is” used car sale. Therefore, the only warranties that come with the Image from www.LemonLaw.ca.gov
This is a type of sale where the dealer and consumer vehicle are what is included in the contract. This
take the “buyer beware” point of view. A proper as is makes getting repairs for preexisting faults very dif-
sale will disclaim all implied warranties of merchant- ficult. Furthermore, many people conduct private
ability or fitness that would otherwise normally auto sales without any type of contract, which adds
accompany the sale. However, the key to the as is even more difficulty if your vehicle has a problem.
sale is that the dealer must comply with all required The best thing a consumer can do in this case is to
CA statutes while selling the vehicle. A proper as ensure that the entire sale is described in a contract.
is sale MUST have a written statement attached to If possible, this contract should specify who is re-
the vehicle that clearly states: 1) The goods are sold sponsible for what repairs and any warranties that
“as is” or “with all faults.” 2) The entire risk is with the seller is willing to make.
the buyer. 3) Should there be a defect, the buyer,
and not the manufacturer, distributor, or retailer, Conclusion. If you have any questions regarding
assumes the entire cost of services/repair. car sales, schedule an appointment with the Fort
Irwin Legal Assistance Office by calling 380-5321.
When purchasing a used vehicle, be mindful of You can also find some useful information in the CA
“as is” clauses. Typically, they will be posted in the Car Buyer’s Bill of Rights, which is available on the
window of the vehicle along with the price, and CA Department of Motor Vehicles website. Finally,
again in the sale contract for you to sign. Even if you if you have any issues with a dealer, you can contact
agree to an “as is” sale, be attentive to any promises the San Bernardino Better Business Bureau or the
that the dealer makes regarding the vehicle. If at Legal Aid Society of San Bernardino.
any time the dealer promises that the vehicle runs
a certain way, functions properly, or something Important phone numbers: Fort Irwin Legal
similar, it is possible that they have invalidated the Assistance, 380-5321; Department of Business and
“as is” clause. The safest measure is to ensure that Consumer Affairs, (323) 881-7099 and www.dca.
the dealer or salesperson puts any promises they ca.gov; Legal Aid Society of San Bernardino, (909)
make in writing. 889-7328 and http://legalaidofsb.org/.
For more information go to www.irwin.army.mil
