What conditions can make a bill of sale on an 'as is' used car null and void?

Answer 1

It depends on whether it is purchased from a dealer or from a private individual.

ask your state insurance commission in a letter if there is a dealer liability clause appended to the dealer's liability policy that addresses vehicle accidents caused by undiscovered defects or material failures that existed prior to point of sale. The dealer is requred by law to furnish you with his insurance policy number.

Better business bureau can interpret your state's Lemon Law for you with respect to Minimum Vehicle Safety Requirements a car must meet before the dealer can release it, and any recalls under the Magnuson Act that the dealer had an obligation under law to address before releasing the car for sale. Also, if the car has an emissions-related problem, federally mandated warranties may cover the repair of the vehicle by the manufacturer (done at a Chevy dealership if it were a Chevy, etc..).

AS-IS, no warranty means that if it fails after the point of sale, you are stuck with it. but if you can prove the problem existed before the point of sale, you have a case for small claims court. and if it violates safety requirements, such as worn out brake pads down to the metal, or non-functioning driving lights, you can SUE for having your life endangered by an unsafe business practice. They have to inspect these cars before they sell them, and alot of used car dealers do not.

AnswerWhen a private seller says, "as-is" it means: "feel free to examine the goods and only purchase them if you determine that they meets your needs. I am not responsible for anything you don't find." It does not matter whether a defect existed before, at, or after the time of sale, because it was up to the purchaser to discover it (by questions, testing and inspection) and accept the risk that there are hidden problems.

However, the "as-is" disclaimer does not excuse any misrepresentations that were made to induce someone to purchase the car. For example, untrue claims of "no rust, new A/C, no rain leaks" would allow cancellation of the contract, if detected within a reasonable time. These are "express warranties" and cannot be disclaimed with "as-is", which only apply to implied warranties. "Great mileage, fun car, best ride in town" are not warranties; merely opinions.

Any other fraud or undue influence can void the sale. The sale is void if the car was stolen (warranty of title) before you received it. If the purchaser is a minor, the contract of sale can also be voidable at the minor's discretion, regardless of the condition of the vehicle or reason for not wanting it.