What is an “as is” sale under California law?

UPDATED: Jul 16, 2021

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UPDATED: Jul 16, 2021Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 16, 2021Fact Checked

In both new and used product sales, the manufacturer or seller may attempt to avoid the implied warranty of merchantability by either limiting it or disclaiming it entirely with an AS IS clause. All of the laws discussed above limit the effect of purported disclaimers. While disclaimers of implied warranties may be valid in certain situations, disclaimers of express warranties are never valid.

Under the UCC, for a disclaimer to be valid the seller must a) display the disclaimer language “As Is” must be conspicuously displayed (no fine print), b) there cannot be a conflict between any disclaimer and what is represented verbally or in writing, and c) the seller must have bargained for the disclaimer, i.e. the buyer must know BEFORE they sign the contract that the implied warranty is being disclaimed.

Under the Song Beverly Consumer Warranty Act, implied warranties may not be disclaimed if there is a written express warranty of any kind (including a service contract).

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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