What Are My Rights If I Purchased My Car “As-Is” in San Diego?

Many consumers believe that when they purchase a used car “as-is,” they’ve signed away all their legal rights and protections. While an “as-is” purchase does limit certain warranty protections, California consumers aren’t completely without recourse when problems arise.

At Mission Law Group, we regularly help consumers understand their rights after purchasing vehicles with undisclosed issues—even those sold “as-is.”

What Does “As-Is” Really Mean in California?

When you purchase a vehicle “as-is” in California, you’re accepting the vehicle in its current condition, with all existing defects—both known and unknown. According to California Civil Code §1792.4, an “as-is” sale is legally defined as one where:

• The seller explicitly states the goods are being sold “as-is” or “with all faults”
• The buyer accepts that the entire risk regarding quality and performance falls on them
• The buyer understands they—not the manufacturer, distributor, or retailer—assume the cost of necessary repairs

However, an “as-is” sale doesn’t give sellers unlimited protection from all legal claims.

When “As-Is” Doesn’t Apply: Your Hidden Protections

1. Improper “As-Is” Disclosures

For an “as-is” sale to be valid in California, the seller must follow specific disclosure requirements. Under California Civil Code §1792.4(a), the disclosure must:

• Be in a conspicuous writing attached to the vehicle
• Clearly inform the buyer before the sale using simple, concise language
• Explicitly state the terms outlined above

If a dealer fails to provide this proper written disclosure, the implied warranties may still apply, regardless of any verbal “as-is” agreements.

2. Fraud and Misrepresentation

Even in “as-is” sales, dealers cannot legally:

• Make false statements about the vehicle’s condition
• Actively conceal known defects
• Remove or tamper with warning lights before sale
• Roll back odometers or misrepresent vehicle history

If a dealer engaged in any deceptive practices, you may have grounds for legal action based on fraud or misrepresentation, regardless of the “as-is” designation.

3. Certified Pre-Owned Exceptions

If your vehicle was sold as “Certified Pre-Owned” (CPO), it cannot be sold “as-is” under California law. The Car Buyer’s Bill of Rights specifically prohibits dealers from certifying vehicles that:

• Have frame damage
• Were previously designated as lemons or salvage
• Have odometer discrepancies
• Have title brands indicating serious problems

If your “as-is” vehicle was also marketed as “certified,” this could constitute a violation of California law.

4. Dealer-Added Warranties

Some dealers may offer limited warranties even on “as-is” vehicles. If the dealer made specific promises about fixing certain issues, these verbal warranties might be enforceable, especially if you have documentation of these promises.

Recent Legal Development: Used Car Coverage Changes

It’s important to note that as of November 2024, the California Supreme Court ruled in Rodriguez v. FCA US LLC that used cars are generally no longer covered under the California Lemon Law (Song-Beverly Consumer Warranty Act), with possible exceptions for certified pre-owned vehicles and dealer-owned vehicles sold with a manufacturer’s warranty. This significant ruling changes the landscape for used car buyers facing defects.

Your Rights if Problems Arise After an “As-Is” Purchase

If you’ve purchased a vehicle “as-is” and discovered problems shortly after purchase, you have several potential options:

1. Review Your Sales Documentation

Carefully examine all sales documents for:

• Improper “as-is” disclosures
• Evidence of warranty coverage
• Representations about the vehicle’s condition
• Any promised repairs or services

2. Document Everything

Keep detailed records of:

• All communications with the dealer
• Repair attempts and costs
• Diagnostic reports from independent mechanics
• Timeline of when problems were discovered

When to Seek Legal Help

If you purchased a vehicle “as-is” and are experiencing substantial issues, consulting with a consumer protection attorney is often worthwhile, especially if:

• The dealer misrepresented the vehicle’s condition
• Proper “as-is” disclosures weren’t provided
• The dealer made verbal promises about repairs
• Significant defects were discovered immediately after purchase
• The vehicle was marketed as “certified” but sold “as-is”

Protecting Yourself in Future “As-Is” Purchases

To avoid problems with “as-is” purchases:

1. Get an independent inspection before purchasing
2. Research the vehicle history through services like CARFAX
3. Test drive thoroughly under various conditions
4. Get all promises in writing before finalizing the sale
5. Consider purchasing the contract cancellation option
6. Keep copies of all documents and communications

While “as-is” purchases do limit certain warranty protections, California consumers still have important rights when dealers engage in deceptive practices or fail to follow proper disclosure requirements. If you’ve purchased a defective vehicle sold “as-is” and believe the dealer may have acted improperly, contact Mission Law Group to discuss your specific situation. Our experienced consumer protection attorneys can help you understand your rights and explore potential remedies.

This blog post is intended for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please contact Mission Law Group for a consultation.