Question: Can dealers/private sellers of autos contract away implied warranties by "no warranties - as is" provisions in the sales document?
Answer: There is an excellent article on car buyer's rights on the Arizona Attorney General's website located at this link. This article states "Almost all used cars in Arizona are sold 'as is.' That means that no matter what a salesperson may tell you, the dealer doesn’t have to fix the car if it breaks – unless (1) he says in your contract he will fix it; or (2) the problem falls within Arizona’s Lemon Law." The very last part of the article quotes Arizona's Lemon Law: "ARIZONA’S LEMON LAW New Car The Arizona Lemon Law has a number of specific provisions. You should read the law or consult with an attorney if your new car is a lemon. Here are the basics. The period covered by the Lemon Law is the term of the manufacturer’s warranty or two years or 24,000 miles, whichever is earlier. This covered period begins on the date of delivery of the vehicle to the consumer. If there is a problem with the car that substantially impairs the use and value of the car and does not conform to the express warranty of the manufacturer, the consumer should report it to the manufacturer. The report must be made during the covered period. The manufacturer or its authorized dealers can repair or correct the defect, accept return of the car or replace the car with a new car. There is a limit on the number of times a consumer must allow the manufacturer to repair the car and the amount of time the car can be out of service. If during the covered period, the manufacturer fails to successfully repair the defect after four attempts, or the car is out of service by reason of repair for a cumulative total of 30 or more calendar days, the manufacturer must accept return of the car or replace the car with a new car. Used Car Your car is covered by the Arizona Used Car Lemon Law if a major component of your car breaks before the earlier of 15 days or 500 miles after you buy the car. If it breaks, you’ll still have to pay up to $25 for the first two repairs. The recovery for the consumer is the purchase amount paid for the car."
April 28, 2009