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Most used cars in Arizona are sold "as is." Our law allows car dealers to sell their cars without express warranties. New-car buyers always receive some protection against defects in their purchase. Automobile manufacturers provide express warranties covering most potential problems with new cars for a specified period following the sale. Used car buyers, however, generally do not get the benefit of an express warranty. A car dealer must provide a used car buyer with a written statement indicating whether an express warranty or guarantee comes with the car. The statement must appear in bold type or colored ink, and the dealer must direct the purchaser's attention to it before the sale is completed. If a used car is to be sold without an express warranty or guarantee, the written statement given to the buyer must contain the words "as is - not expressly warranted or guaranteed." If the dealer is providing a warranty or guarantee, the law requires an explicit written description of the protection. I repeatedly have used the term "express" warranty for a reason. Certain warranties are implied by the law and imposed on sellers regardless of whether they expressly warrant their sales. In some cases, these implied warranties might provide some relief to buyers who have purchased defective cars. They should not, however, be relied on at the time of a purchase. The protection is very limited. If a seller makes any special claims about a car (such as saying it has a newly rebuilt engine), have these claims written into the purchase agreement. Do not rely on claims that a seller will not put in writing. Even an "as is" sale does not relieve a seller from liability for fraud. If an important misrepresentation is made, there are legal remedies. This may, however, require an expensive lawsuit. If a salesperson is willing to make a specific representation about the car that might influence you to buy it, he should be willing to put it in writing. If he refuses, assume the representation is false and act accordingly. Sometimes it is as important to shop for the right dealer as it is the right car. |