What is a care dealership’s liability in an “as is” transaction?

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What is a care dealership’s liability in an “as is” transaction?

Recently I purchased a used vehicle from a major dealership “as is”. I was told I had to get the emission’s test done before they could complete the registration and get me my tags. The vehicle failed the emissions test due to a defective part in the exhaust. The dealership is telling me that they will fix it but I have to provide the part. It was my understanding a dealership has the obligation to ensure that a vehicle is registration ready upon sale. Are there any precedents in this case that would hold the dealership accountable for providing the part and repair service?

Asked on June 12, 2012 under General Practice, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A dealership is not required to have cars registration ready for sale. If the dealership sold you the vehicle as is and also had you sign documentation indicating the vehicle is not road safe, then it has effectively disclaimed away any liability and put you on notice the motor vehicle is not safe. If, however, you have issues with not being told the emissions would be an issue or the vehicle was not road safe, then file a complaint with the state or county agency who handles such complaints (should be a free process) and see if this will help you undue this deal and walk away.


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