Short version: "As is" means the seller gives no warranty, so repairs after the sale are your problem. It does not let a seller lie about the car, and a number of US states ban or limit as-is sales by dealers, usually by requiring a short written warranty on lower-mileage cars. Everything else depends on what is written on the Buyers Guide and the contract you sign.
What "as is" means in a car sale
When a vehicle is sold "as is" (you may also see "as is, where is" or "with all faults"), the seller is saying: you take the car in its current condition, known and unknown problems included, and the seller promises nothing about how it will run tomorrow. If the air conditioning dies or the head gasket goes on the drive home, the cost is yours.
Legally, the phrase does one specific job. Under the Uniform Commercial Code, which almost every state has adopted, a merchant who sells goods automatically gives an implied warranty of merchantability: a promise that the goods are fit for their ordinary purpose. For a car, that means it should drive. Section 2-316 of the UCC lets a seller cancel that implied promise with language like "as is" or "with all faults", as long as the wording is conspicuous. That is exactly why dealers use it.
What "as is" does not cancel:
- Laws against fraud and misrepresentation. Rolling back the odometer, hiding a salvage title or saying "never been in an accident" when it has are separate wrongs. As-is wording is not a shield for them.
- Written promises. If the dealer writes "will replace brake pads before delivery" on the contract, that is enforceable even on an as-is sale.
- State consumer protection laws. Several states restrict or ban as-is sales by dealers (see below).
- Safety recalls. Manufacturer recall repairs are free regardless of how you bought the car.
Upload the sales contract to spot as-is and no-warranty wording in about a minute.
The FTC Used Car Rule and the Buyers Guide
The Federal Trade Commission's Used Car Rule, found at 16 CFR Part 455, requires dealers (anyone who sells more than five used vehicles in a 12-month period) to display a Buyers Guide on every used car offered for sale. The Buyers Guide is the one-page sticker in the window with two big checkboxes:
- AS IS – NO DEALER WARRANTY. The dealer pays nothing for repairs after the sale.
- DEALER WARRANTY. The dealer promises to cover specific systems for a stated time or mileage, and the sticker must say what percentage of parts and labour the dealer pays.
Three things about the Buyers Guide matter more than most buyers realise:
- It overrides the contract. The FTC says the Buyers Guide overrides anything in your sales contract that contradicts it, and dealers must put a statement in the contract saying so. If the sticker says "dealer warranty" and the contract says "as is", the dealer must give you the warranty on the sticker.
- You are entitled to keep a copy. Ask for it and file it with your title paperwork.
- Spoken promises don't count. The Buyers Guide itself warns you: ask the dealer to put all promises in writing. If they won't, treat the promise as not made.
The FTC revised the Buyers Guide in 2016, and dealers have had to use the new version since January 28, 2018. (Dealers in Maine and Wisconsin use their own state versions.) The current version also has a box for "non-dealer warranties" (a manufacturer warranty that is still running) and a line about service contracts. If a dealer is still using a very old sticker, that is a small warning sign about how carefully they follow the rules.
Magnuson-Moss: when a dealer can't disclaim implied warranties
The federal Magnuson-Moss Warranty Act (15 U.S.C. Chapter 50) adds one important limit. If a dealer gives you any written warranty, or sells you a service contract within 90 days of the sale, the dealer cannot disclaim the implied warranties. In plain terms: a dealer cannot sell you a car "as is" and, in the same transaction, sell you a paid service contract while keeping the as-is disclaimer. If both happen, the as-is box on the Buyers Guide should not be checked.
Which states limit "as is" used car sales?
Federal law lets dealers sell as is. Some states don't, or only allow it for older, high-mileage or cheap cars. In those states the dealer must use the "Implied Warranties Only" version of the Buyers Guide, or must give a short written warranty. The FTC tells buyers to check with their state attorney general, because the rules differ a lot. Here is what the statutes say in the states we verified against the official code text (checked November 2026):
| State | What the law does | Law |
|---|---|---|
| Kansas | In consumer sales, sellers can't disclaim or limit implied warranties, so as-is sales are effectively barred. The one exception is a defect you knew about as part of the deal. | K.S.A. 50-639 |
| District of Columbia | Language excluding implied warranties on consumer goods is unenforceable, except for specific defects disclosed in writing at the sale. | D.C. Code § 28:2-316.01 |
| Maryland | Implied warranties can't be excluded, unless the car is more than 6 model years old and has more than 60,000 miles and the state disclosure form is used. | Md. Com. Law § 2-316.1 |
| Connecticut | On used cars sold for $3,000 or more, dealers can't disclaim implied warranties and must give a written warranty: 30 days or 1,500 miles ($3,000–$4,999), or 60 days or 3,000 miles ($5,000+). Cars 7 or more years old are exempt. | Conn. Gen. Stat. § 42-221 |
| New York | Dealers must warrant used cars by mileage: up to 36,000 miles, 90 days or 4,000 miles; 36,001–79,999 miles, 60 days or 3,000 miles; 80,000–100,000 miles, 30 days or 1,000 miles. Cars under $1,500 are excluded. You can't waive it. | N.Y. Gen. Bus. Law § 198-b |
| Minnesota | Dealers must give a written warranty by mileage, from 60 days or 2,500 miles (under 36,000 miles) down to 15 days or 500 miles (75,000–199,999 miles). Cars under $3,000, with 200,000+ miles or with a salvage title are among the exclusions. | Minn. Stat. § 325F.662 |
| Maine | Every dealer warrants that a used car will pass state inspection, and that promise can't be waived. | 10 M.R.S. § 1474 |
| West Virginia | As-is sales are generally void, but since 2019 dealers may sell as is if the car is under $4,000, has over 100,000 miles or is 7+ years old, with a signed disclaimer, a vehicle history report and a 3-business-day right to cancel for a significant mechanical defect. | W. Va. Code §§ 46A-6-107, 46A-6-107a |
| Washington | For personal-use purchases, a disclaimer only works if it spells out the specific qualities the seller is not warranting. A plain "as is" may not be enough. | RCW 62A.2-316(4) |
Massachusetts, New Jersey, Rhode Island, Mississippi, Hawaii and New Mexico also have used-car warranty or disclaimer rules. We couldn't confirm their current text from the official code sites this round, so check your state attorney general's consumer page. Laws change: confirm the current rule for your state before you rely on it.
Outside these states, a dealer may sell as is, as long as the Buyers Guide says so and the disclaimer in the contract is clear and conspicuous.
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Dealer sales vs private sales
| Question | Licensed dealer | Private seller |
|---|---|---|
| Buyers Guide required? | Yes (FTC Used Car Rule) | No |
| Implied warranty of merchantability? | Yes unless disclaimed, and some states forbid disclaiming it | Generally no — a private individual is not a "merchant" |
| Lemon law coverage? | Only in states with used-car lemon laws | Almost never |
| Fraud laws apply? | Yes | Yes |
| Practical remedy if something goes wrong | Dealer licensing board, state AG, small claims | Small claims court, if you can prove a lie |
Because a private sale is almost always as is by default, your inspection and your written bill of sale are the only real protection you have. Write the mileage, the price, the date and any seller statements ("no known engine problems", "title is clean") into the bill of sale, and have both parties sign.
Reading an as-is clause: phrase by phrase
Here is typical wording from a dealer contract, followed by what each phrase is doing:
"Buyer acknowledges that the vehicle is sold AS IS, WITH ALL FAULTS, and that Seller disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. No oral statements by Seller or its employees form part of this agreement."
| Phrase | What it means | What to ask |
|---|---|---|
| "AS IS, WITH ALL FAULTS" | You accept every defect, including ones nobody has found yet. | "Will you put the pre-sale inspection results in writing?" |
| "disclaims all warranties, express or implied" | Cancels the automatic UCC warranty and any spoken promises. | "Does my state allow you to disclaim the implied warranty?" |
| "merchantability" | The magic word the UCC requires for the disclaimer to work. | Nothing to ask; its presence confirms the disclaimer is deliberate. |
| "fitness for a particular purpose" | If you said "I need it to tow a boat" and they said "sure", this cancels that too. | "If I need it for X, will you write that it is suitable?" |
| "No oral statements … form part of this agreement" | Everything the salesperson said is legally gone. | "Please write the promise you just made on the Buyers Guide." |
| "Buyer has inspected the vehicle" | Later, you can't claim you weren't given the chance. | "I'd like to take it to my mechanic first." |
What to do before you sign an as-is contract
Pay for an independent inspection
A pre-purchase inspection by a mechanic you choose usually costs less than one hour of repair labour. If a seller refuses to allow one, walk away. That refusal is the most reliable red flag in used-car buying.
Pull the vehicle history
Check the VIN with the National Motor Vehicle Title Information System (NMVTIS) or a commercial history report for salvage titles, flood damage, odometer problems and open recalls. Compare the mileage on the report with the odometer and the Buyers Guide.
Match the paperwork
The Buyers Guide, the contract and the title should agree on the VIN, the mileage and whether a warranty is given. If the sticker says one thing and the contract another, stop and ask why before signing.
Get every promise in writing
"We'll take care of that noise" is worth nothing in an as-is sale unless it is written and signed. Dealers who mean it will write it. Dealers who don't will find a reason not to.
Think twice about the add-on service contract
If you are offered a paid service contract, read what it covers and who the administrator is. Remember the Magnuson-Moss point above: buying one from the dealer within 90 days should also restore the implied warranties.
Frequently asked questions
Can I return a used car I bought as is?
Usually not. There is no federal cooling-off period for car purchases, and an as-is sale gives you no warranty to rely on. You may still have a claim if the seller lied about the car or concealed a known defect, and a few dealers offer their own written return window, so check the contract.
Does as is mean the dealer is never responsible?
No. As is removes warranties, not the law against fraud. Misstating the mileage, title status, accident history or condition can still give you a claim. In the states listed above, dealers may not be allowed to sell as is in the first place.
Is a private seller covered by the FTC Used Car Rule?
No. The rule applies to dealers selling more than five used vehicles in a 12-month period. Private sales are as is by default with no Buyers Guide, so your inspection and written bill of sale carry all the weight.
What if the dealer promised to fix something after the sale?
Have it written on the Buyers Guide or the contract before you pay. A spoken promise is very hard to enforce when the paperwork says "as is, no warranty" and "no oral statements form part of this agreement".
Do lemon laws cover used cars sold as is?
Most state lemon laws cover new cars only. Some states, such as New York, Connecticut and Minnesota, require dealers to give a short written warranty on many used cars, based on price, age or mileage. Your state attorney general's site will say whether yours is one of them.
Sources
- FTC: A Dealer's Guide to the Used Car Rule
- FTC Consumer Advice: Buying a Used Car From a Dealer
- 16 CFR Part 455 — Used Motor Vehicle Trade Regulation Rule (Cornell LII)
- UCC § 2-314 Implied Warranty: Merchantability and § 2-316 Exclusion or Modification of Warranties
- 15 U.S.C. § 2308 — Magnuson-Moss: implied warranties (Cornell LII)
- FTC: Answering Dealers' Questions About the Revised Used Car Rule
- State laws: Kansas 50-639, D.C. 28:2-316.01, Maryland 2-316.1, Connecticut 42-221, New York GBL 198-b, Minnesota 325F.662, Maine 10 § 1474, West Virginia SB 543 (2019), Washington 62A.2-316
This guide is general information, not legal advice. Warranty rules vary by state and change over time. For a dispute involving real money, talk to a consumer lawyer or your state attorney general's consumer office.