Just because a used car is sold “as is” doesn’t mean you're out of luck. There are still plenty of ways for consumers (and their attorneys) to fight back against vehicle defects or shady dealer practices. In fact, there are 12 different strategies that can help you recover even if you’ve been sold a lemon “as is.”
The first four methods offer strong protection, even when the “as is” clause is in effect. The remaining eight show when this language doesn't hold up, allowing for claims under laws like the Uniform Commercial Code (UCC) and the federal Magnuson-Moss Warranty Act. Plus, under Magnuson-Moss, attorney fees can be covered.
We’ll also explore sneaky tactics to uncover hidden vehicle issues that could make your case even stronger, and provide useful tips on how to handle used car litigation. Let’s dive into these 12 strategies to make sure you’re not left in the dust with a faulty car!
1. Odometer Fraud: A Minimum $10,000 Recovery
Many used cars come with tampered odometers, showing far fewer miles than they've actually been driven. Under federal law, any odometer fraud is a serious offense—whether or not the car was sold “as is.” The penalties are hefty: at least $10,000 in damages or three times the actual damage, whichever is greater. You could even receive damages for multiple counts, and the seller must cover your attorney fees.
2. UDAP Claims for Deceptive Practices
Every state has a “UDAP” statute—Unfair and Deceptive Acts and Practices—which protects consumers from shady behavior in the sale of goods, including cars. This law can lead to attorney fees and damages, even when the dealer says the car is sold “as is.” UDAP applies to dealer misrepresentation or failure to disclose defects.
3. Fraud Claims: Get Punitive Damages
If the dealer intentionally misled you, a fraud claim might be your best bet. It can lead to punitive damages, even though fraud is separate from warranty claims. The great news? The “as is” clause won’t block you here. By adding state UDAP or federal odometer fraud claims, you can also recover attorney fees.
4. Revoking the Sale
In certain cases, even with an “as is” sale, you can revoke the deal and get your money back. Courts might allow this if the car has serious, undisclosed defects. If the vehicle is newer or still under a manufacturer’s warranty, your chances of revoking are higher.
5. Seven States Ban “As Is” Sales
If you’re lucky enough to live in D.C., Kansas, Maryland, Massachusetts, Mississippi, Washington, or West Virginia, you're protected! These states don’t allow “as is” sales in consumer car transactions, meaning dealers can't waive their responsibility to fix problems.
6. 26 States Restrict “As Is” Sales
In addition to the states that ban “as is” sales, 26 others have laws that place restrictions on these sales. Some states, like New York, require a mandatory inspection or disclosure of past vehicle damage. Others have used car lemon laws, giving you added protection even if the car was sold “as is.”
7. Disclaimers Must Be Clear
A dealer can only enforce an “as is” sale if the disclaimer is clear, written, and easy to find. If the language is hidden in fine print or was only shared after the sale, it may not be legally binding.
8. You’re Always Guaranteed Good Title
No matter what, when you buy a used car, you’re entitled to a clean and valid title—meaning the car must be free of undisclosed liens or claims. The “as is” clause doesn’t take away your right to good title, and any violations can be pursued legally.
9. Manufacturer Warranties Might Still Apply
A dealer’s “as is” sale doesn’t cancel out any remaining manufacturer warranties. So, if your car is still under its original warranty, the manufacturer must honor that coverage. This includes emissions warranties that last up to 8 years or longer. Certified pre-owned cars often come with extended warranties as well.
10. Express Warranties: The Dealer’s Word Matters
Even if the dealer sells the car “as is,” they may have made promises that act as express warranties. Did they say the car was in “great condition” or that it was “never in an accident”? If so, they could be held liable for any defects that contradict those statements. The “as is” label can’t protect them from their own words.
11. Service Contracts Cancel the “As Is” Clause
If the dealer sold you a service contract, they’ve essentially voided the “as is” disclaimer. The Magnuson-Moss Warranty Act prohibits dealers from disclaiming implied warranties when they provide service contracts.
12. “As Is” Disclaimers May Be Unenforceable
Lastly, courts can rule an “as is” disclaimer unenforceable if it’s found to be unconscionable or made in bad faith. For example, if the dealer knew of serious defects and hid them, or if the consumer didn’t understand the significance of the disclaimer due to language barriers, the disclaimer won’t hold up.
By knowing your rights and understanding these legal protections, you can still take action even after buying a car “as is.” If you've been sold a lemon, don't give up—there are plenty of ways to recover and protect yourself.
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