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A Case of the As-Is Clause and Florida Lemon Laws on Auto Fraud

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Our client stopped at used car dealership. He was looking for affordable but reliable transportation, because he needed a dependable car for his job. The dealership pointed out a car to him that they claimed met his criteria, and told him that it had been inspected by its mechanic. After buying the car, our client began experiencing problems right from the beginning. Even after several repairs, the car continued to be unreliable, and finally completely broke down.

When we sued the dealer, much of its defense focused on the fact that our client had signed an “As Is” clause when buying the car. However, we argued that the “As-Is” provision in the contract did not allow the dealer to avoid liability for any misrepresentations the dealer made in order to get our client to sign the contract. We defended our client’s rights vigorously, and argued that our client should get all his money back, and the dealer should be forced to take the car back. We were able to undo the deal, forcing the dealer to take back the vehicle and refund our client’s money.

So, remember that you have legal rights that you can enforce when you buy a car, even if you signed an “as is” disclaimer.