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

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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: Nov 8, 2012

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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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