In 2018 a California auto dealer was the defendant in a law suit which claimed that an AS-IS sale using the Federal Buyer’s Guide was not sufficient to comply with California law.
The language required by Civil Code sections 1792.3 and 1792.4 (Song Beverly Act) states that conspicuous writing must be attached to the goods (vehicle) stating this: The goods are being sold on an “as is” or “with all faults” basis. The entire risk as to the quality and performance of the goods is with the buyer. Should the goods prove defective following their purchase, the buyer and not the manufacturer, distributor or retailer assumes the entire cost of all necessary servicing or repair.
It should be noted that the law suit was settled, not decided. Had it been published there may have been a precedent to follow. Lacking that, a conservative solution to help avoid future similar claims was offered by the Law Firm of Dealer XT. The suggestion is to place a sticker near the Buyer’s Guide and have the customer sign an acknowledgment at the time of sale. IADAC has such stickers available along with the acknowledgment and instructions for use. Call Larry @ 916-893-3306.
TriStar Motors also has stickers & disclosures available which further remind the buyer that Division 12 safety requirements have been met on this vehicle and cannot be waived.
Sony Beverly As Is Stickers available in English & Spanish