Used Automobile Buying Tips

questions & answers

Question: My question is does Arizona limit or prohibit the elimination of implied warranties in used automobile sales by dealers? Put another way, does "as is -no warranty" eliminate all implied warranties?

Answer:

Arizona Revised Statue 44-1267

This can be modified by Section I which says "A purchaser of a used motor vehicle may waive the implied warranty… described in this section only for a particular defect in the vehicle" and also that "The purchaser agrees to buy the used motor vehicle after disclosure of the defect."

 

Section G also indicates that your purchase agreement should included the statement "The seller hereby warrants that this vehicle will be fit for the ordinary purposes for which the vehicle is used for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement."

 

Other things of note about this statue are section E requires that "If the implied warranty of merchantability described in this section is breached, the purchaser shall give reasonable notice to the seller. Before the purchaser exercises any other remedies" and

Section F that says, "The maximum liability of the seller under this section is limited to the purchase price paid for the used motor vehicle."

 

Section B deals with exclusion or modification of implied warranties for used motor vehicles.it states "a used motor vehicle dealer shall not exclude, modify or disclaim the implied warranty… or limit the remedies for a breach of that warranty, except as otherwise provided in this section, before midnight of the fifteenth calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven five hundred miles after delivery, whichever is earlier."

 

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