Is there any kind of warranty on a car brought “as is”?

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Is there any kind of warranty on a car brought “as is”?

I purchased a car and 2 weeks later the transmission went. What can I do?

Asked on February 23, 2011 under General Practice, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you buy a car that is "As Is" you are taking the car subject to any types of defects or problems that the car has that you are not aware of.  And you apparently have what is known as a used car "lemon".  While PA has a Lemon Law it unfortunately does not cover used vehicles.  However, there are other laws that may apply to a used car purchase situation. 

The first such law is the Magnuson Moss Warranty Act (i.e. the federal lemon law). The Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty. If the vehicle exhibits defects and they cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law.  Depending upon the circumstances, they may be entitled to cash compensation, a replacement vehicle, a full refund, and/or recovery of attorney fees.

The next law that protects PA purchasers is the Unfair Trade Practices and Consumer Protection Act. Essentially, this law provides protections to individuals who have purchased defective vehicles, wherein the seller has made representations about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles. This law can be used even if the used car is sold "as is," as long as the dealer is guilty of a verbal deception/fraud, or a failure to disclose information about the vehicle. 

Another law that provides protections in PA doe used auto sales is the Automotive Industry Trade Practices Act.  This law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles. This law covers issues that can come up with the sale of a motor vehicle, for example, advertising, servicing, types of contracts and forms, disclosures, warranties and more.


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