QUESTION
Is there anything we can do about buying something "as is" that broke almost immediately after purchasing it?
Asked on Jul 21st, 2012 on Personal Injury - Pennsylvania
More details to this question:
My wife purchased a van that broke down minutes after leaving dealership. It was used and sold as is.
10 ANSWERS
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It is what you purchased as is.
Answered on Jun 28th, 2013 at 9:32 PM
Personal Injury Law Attorney serving Davie, FL
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Douglas Johnson & Associates, P.A.
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Can you prove that the dealer knew it was broken and cover it up so that the buyer could not discover it?
Answered on Jun 28th, 2013 at 9:32 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 12:41 AM
Ronald A. Steinberg
No. "As is" means exactly that. You should never purchase something like that without having it inspected by a knowledgeable person first. I imagine that if you tow the van back to the dealership, you might be able to get them to help you with paying for repairs, but I do not believe you could force them to do it. There is a lawyer in Birmingham, MI who specializes in "lemon law" cases, and you may want to track her down.
Answered on Aug 14th, 2012 at 3:31 PM
Alternative Dispute Resolution Attorney serving Austin, TX
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Law Offices of Steven D. Urban
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An "as is" cause will usually negate causation for any claim for a faulty item. As with every rule however, there are exceptions.
Answered on Aug 13th, 2012 at 8:01 PM
Dennis P. Mikko
If your wife, at the time of purchase, knew the van was being purchased "as is" there is nothing she can do. The time to take action was before the purchase when she should have obtained a complete inspection of the van. Despite the "as is" condition of the van, she may wish to speak with the dealership and see if they will help her with repairs. The dealership may have some interest in word not getting out that they sold a van that broke immediately. Also, if the nature of the defect was something that was obvious and should have been known by the dealership, there may be a claim for failing to disclose a known condition, especially if she asked if there any problems with the van.
Answered on Aug 13th, 2012 at 6:49 PM
Thomas Edward Gates
Contact the Attorney Generals' Consumer Division.
Answered on Aug 13th, 2012 at 6:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally "as is" or "as is without warranty" means there is no guarantee or warranty whatsoever. One possible exception is if the dealer knew of the fault or defect, did not disclose it on a direct question or, even worse, hid or masked it.
Answered on Aug 13th, 2012 at 6:27 PM
It depends upon the status of the seller. If the seller is a private party who is not in the business of selling used cars, then there's not much you can do. In private sales the "as is" label is difficult to overcome. As the buyer in that situation in order to get around the "as is" issue you would have to show fraud or misrepresentations made by the seller.
Answered on Aug 13th, 2012 at 6:26 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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"As is" must be "road worthy"
Answered on Aug 13th, 2012 at 6:25 PM