This question seems to never be answered correctly or taken as a matter of fact by some consumers, AS-IS what does it really mean when purchasing a used car from a dealer or even a private seller. I will follow this up with definitions and documentation, but in all reality if you buy it AS-IS and you drive off in the vehicle and it blows up in to a million pieces and parts you now own all million parts, and still have to abide by the contracts you have signed in the process. When a car is purchased from a dealer and there is not a warrantee sold with the vehicle a Statement of Non-Guarantee should be signed by both the seller (Dealership) and the consumer (at least in Colorado not sure about other states). Taking excerpts from form Rev. 10/25 approved by Colorado Independent Automobile Dealers Association.
“Unless a separate ***written*** instrument showing the terms or any dealer warranty or service contract is furnished by the dealer to the buyer, this vehicle is sold “AS IS – not expressly warranted or guaranteed”, and the seller hereby disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose.”
“The purchaser shall not be entitled to recover from the dealer any consequential damages, damages to property, damages for loss or use, loss of profits, loss of time, loss of income, or any other incidental damages.”
***written***… Never, Never, and I mean NEVER take the sales person’s / Manager’s word (or any one else for that matter) make sure it is WRITTEN down. Promises spoken are not promises at all. It will never hold up in court or other wise. No matter how reliable, friendly, or how much you trust them… DON’T TRUST ANYONE.
So what does all of that mean, well most of it is straight to the point. But in blunt terms, if you buy it AS-IS and you drive off the lot and it breaks in half. You now own both halves. It does not matter how long you have had value out of your purchase if it was one minute, one hour, one day, or one year it is still AS-IS. Now all of this sounds very harsh and unforgiving. Sorry but it is that is just the way it is. Not all of us can afford to go out and either buy cash or finance a new car with full warranty and all the benefits that go along with it. So what do we do?
Do diligence, do your research.
Research the Dealer you are buying from. Check them out with the Better Business Bureau. If you have a friend or an acquaintance that purchased from them ask their opinion of their buying experience.
Ask if you can take the vehicle to an independent mechanic. If they refuse or beat around the bush you might consider going else where. They should be happy to allow that and have a test drive agreement ready for you to sign.
Have a mechanic ready, if you know one or have a regular shop you take your cars to use them it may cost a little bit in the short run but could save you in the long run.
If you can afford it, or if you can finance it a warrantee may cover the major items such as engine or transmission. But be careful of the warrantee as well some of them do not cover much either. And can claim pre-existing issues, or will not cover certain items.
Check it out your self. Test drive it, not just around the block. Take it out on the highway, side streets, and back roads. Drive how you normally drive, if you work down town head down there. Make sure you know what you are getting in to. Check the oil, transmission fluid, and all other fluids. Check the breaks, lights, tail lights, turn signals, backup lights. Don’t kick the tires.. I have never known or seen this give any evidence of a good vehicle.
Tom Martino Wrote an Article some years ago in the Rocky Mountain News dated May 19, 1994 “Debunking consumer myths: ‘As Is’ really does mean ‘As Is’”.
Quote:”You buy things in “as is”condition,
then believe you have recourse
if the item falls apart a few
days later. No way. “As Is” means
just that. The only exception is
when someone lies to you and
you can prove it – for example
they tell you there’s a new engine
in a car and there isn’t. Even
though it’s as is you can argue in
this case “as is” meant a new
engine.”
This is a really good article, Suggested reading for any one if you can find it.. I still have this article in print and I am sure the Denver News Paper agency has it archived some where.
Any questions post a comment.
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