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Buying a used car “as is” can feel like you’re out of options if the car turns out to be a lemon. However, legal protections and strategies often exist to help you recover damages or even reverse the sale. Here are 10 effective ways to pursue relief, plus a bonus tip to uncover hidden defects.
If the car’s odometer was tampered with, federal law provides strong protections. Any intentional odometer misrepresentation can lead to damages of at least $10,000, attorney fees, or treble actual damages—whichever is higher. These protections apply even if the vehicle was sold “as is.”
Unfair and Deceptive Acts and Practices (UDAP) laws in every state protect consumers from fraudulent or deceptive practices. An “as is” disclaimer does not shield the dealer if they concealed defects, misrepresented the vehicle, or engaged in unfair practices. Remedies often include actual damages, punitive damages, and attorney fees.
A fraud claim allows you to recover damages for intentional or egregious dealer misconduct, including punitive damages. Since fraud is considered a tort, it operates independently of warranty disclaimers, meaning “as is” language won’t block your claim.
In some cases, courts allow buyers to revoke the purchase of a defective car if the defect significantly impairs its value. This remedy might be easier to obtain if the vehicle is relatively new or still covered by a manufacturer’s warranty.
Certain states—including Maryland, Massachusetts, and Washington—prohibit “as is” sales entirely for consumer transactions. In these jurisdictions, you may still have protection regardless of the disclaimer.
In 26 states, laws place restrictions on “as is” sales, often requiring implied warranties, minimum protection periods, or vehicle inspections. For example, New York mandates dealer compliance with a non-waivable used car lemon law.
For an “as is” disclaimer to be valid, it must be conspicuously written and agreed upon before the sale. If the language is hidden, illegible, or poorly communicated, the disclaimer may be invalid, giving you grounds for recovery.
Even when sold “as is,” a car must come with a warranty of good title. If you discover that the vehicle has liens or unresolved title issues, you can pursue remedies for breach of this warranty.
If the car is still within the timeframe of the original manufacturer’s warranty, you may have claims against the manufacturer. Federal law prevents manufacturers from disclaiming implied warranties if a written warranty is in place.
If the dealer made specific promises about the car’s condition—verbally or in writing—those statements are considered express warranties. An “as is” disclaimer cannot negate these guarantees, allowing you to seek recovery for breaches.
Hidden defects often go unnoticed during purchase but can strengthen your case. Use diagnostic tools, obtain the vehicle history report, or hire a mechanic to uncover these issues. If defects are found, they can form the basis for claims under consumer protection laws, fraud, or breach of implied warranties.
While buying a car “as is” can seem like a dead end, these legal strategies offer opportunities for recourse. Always consult with a qualified attorney to explore the best path for recovery in your situation.
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