Used Car 'As-Is' Sale Exceptions & Dealer Fraud Checker
Even if a dealer stamped 'AS-IS' on your contract, multiple federal and state laws void 'As-Is' disclaimers. Check if you can force a cancellation and refund.
1. Enter Your Case Details Runs in your browser
2. Your result Live Output
- 15 U.S.C. § 2308 Bars Disclaiming Implied Warranties: Dealer provided ANY short written warranty or sold a Service Contract within 90 days of sale (Destroys 'As-Is' under Federal Law!) — Under the federal Magnuson-Moss Warranty Act, if a dealer gives any written warranty OR enters into a service contract within 90 days, they CANNOT disclaim implied warranties of merchantability.
- Affirmative Fraud / Statutory Violation: Dealer failed to disclose prior frame damage, salvage/flood history, or rolled back the odometer — An 'As-Is' clause NEVER shields a seller from active fraud, concealed salvage title, or odometer tampering (which carries 3x treble damages under 49 U.S.C. § 32710).
- Invalid Sale Under Cal. Veh. Code § 24007: Vehicle failed mandatory state emissions / Smog Inspection at time of sale (California Seller Smog Duty) — In California, the seller is legally responsible for providing a valid smog certificate at sale; an 'As-Is' clause cannot shift smog compliance to the buyer.
- Mandatory State Used Car Warranty: Buy-Here-Pay-Here dealer or NY/MA/NJ/CT Statutory Used Car Warranty applies based on mileage — States like NY, MA, NJ, CT, MN, and CA (for BHPH dealers) mandate 30-to-90-day statutory warranties that cannot be waived.
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3. How the rule works
Who this is for
Buyers of a used car from a dealer who later discovered serious problems and were told the car was sold 'as is', and who want to know whether that label protects the dealer.
Private sales between individuals follow different rules, often with fewer protections.
What to have ready
- The Buyers Guide that was on the car.
- The sales contract and any service contract.
- A vehicle history report.
- An independent mechanic's inspection report.
The rule
The FTC Used Car Rule, 16 C.F.R. Part 455, requires dealers to display a Buyers Guide on every used car offered for sale, stating whether it comes 'as is' or with a warranty; the Buyers Guide becomes part of the sales contract and overrides contrary terms. Under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2308, a seller that gives a written warranty, or enters into a service contract within 90 days of the sale, cannot disclaim implied warranties. An 'as is' sale also never excuses fraud: misrepresenting accident, flood or salvage history can support claims under state consumer protection law and common-law fraud.
The federal odometer law, 49 U.S.C. § 32710, lets a buyer recover three times actual damages or $10,000, whichever is greater, plus attorney's fees, from a person who violated the odometer rules with intent to defraud. Some states add used-car warranties by law; New York General Business Law § 198-b, for example, requires dealer warranties based on mileage, and California Vehicle Code § 24007 makes the seller responsible for providing a valid smog certificate in most sales.
Read the official text:
- FTC Used Car Rule, 16 C.F.R. Part 455
- 15 U.S.C. § 2308 (implied warranties)
- 49 U.S.C. § 32710 (odometer damages)
Worked example: rolled-back odometer
A dealer sold a car showing 48,000 miles; title records show 96,000. The buyer's appraiser says the true value was $2,000 lower.
Actual damages = $2,000 Three times actual = $6,000 Statutory minimum = $10,000 Recovery under § 32710 = greater figure = $10,000, plus attorney's fees Requires proof of intent to defraud
Common mistakes
- Assuming 'as is' ends the matter. It does not cover fraud or misrepresentation.
- Missing the service contract. If you bought one within 90 days, implied warranties apply.
- Waiting too long. Revocation of acceptance must be within a reasonable time after you discover the problem.
- Not getting an independent inspection report before the car is repaired or altered.
Limits of this tool
- Used-car rules vary by state; some states ban 'as is' sales for certain cars.
- Private sellers are not covered by the FTC Used Car Rule.
- Fraud claims require proof of what the dealer knew and said.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Find the Buyers Guide, the contract and any service contract.
- Order a vehicle history report and an independent inspection.
- Write to the dealer describing the problem and what you want, then contact your state attorney general or DMV complaint unit.
5. Frequently Asked Statutory Questions (16 C.F.R. Part 455 (FTC Used Car Rule); 49 U.S.C. § 32710 (Odometer Fraud 3x Damages); Cal. Civ. Code § 1795.5)
Does an 'as is' Buyers Guide protect a dealer who lied about accident history?
No. 'As is' disclaims implied warranties of quality; it does not protect against fraud or misrepresentation, which state consumer laws and common law still cover.
What if I bought an extended warranty from the dealer?
If the dealer sold you a service contract within 90 days of the sale, Magnuson-Moss § 2308 says it cannot disclaim implied warranties.
What are the damages for odometer fraud?
Three times actual damages or $10,000, whichever is greater, plus attorney's fees, under 49 U.S.C. § 32710, if intent to defraud is shown.