California Cases Only

PRACTICE AREAS

Can I return a car that I bought “AS-IS”?

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You can still return the car if the dealer committed fraud or used unfair business practices, if the contract was not properly created, and/or if the implied warranties have not been properly disclaimed.  An “AS-IS” Sale does not give the dealer a free pass to defraud, deceive, and/or use unlawful business practices.  Such a sale signifies only that the dealer is not providing any written warranties with the vehicle purchase and is disclaiming implied warranties. Implied warranties are created by law and usually not mentioned in any document. However, a dealer must follow strict requirements to disclaim applicable implied warranties. Failure to do so leaves these warranties intact along with the remedies these warranties provide. Additionally, implied warranties also remain intact and enforceable pursuant to Federal law, if a dealer sells a Service Contract, commonly referred to as an extended warranty.

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