Buying a used car

What is the name of your state? North Carolina

Does NC have an "As is" law?

I bought a used car from a private individual. The add stated the vehicle had a new clutch and ran great. On my way home with this car the clutch went out, and I had to have it towed to a shop the next day. I paid $595.00 for a new clutch.

The people I bought it from said the clutch was under warranty and I would need to take it back to the store to get another one. Well, I didn't need another one since I'd already paid for a new one. Subsequently, it went to court and I won my judgement stating that they made an "Implied Warranty" when they placed the ad.

They filed an appeal, which is going to be heard on Aug. 1st, stating that NC has an "As is" law when it comes to buying a used vehicle from a private individual. I have been unable to find any such law or statue. Any suggestions?

Thanks for any input.

Do you still have a copy of the ad for the car? That is your implied warranty. That and the receipt from the mechanic that installed the new clutch is all you should need.

Yes, I still have a copy of the ad, and my receipt for the clutch. Yet, I'm still not sure if there is an "as is" law in my state. Could they possibly win the second time around on these grounds?
Thanks,
G

Do you have any proof of their claim of a new clutch and the fact that it had a warranty?? If so, that would preclude any claims of 'as is'.

As to the claim of 'runs great', that is not considered to be a statement of fact and is often attributed as generic 'sales fluff'. Problem is, it is both subjective and of a specific time. Simple translation: "The car runs great RIGHT now and I feel it is 'great' but you may not agree since I don't mind a little oil loss, or less than freezing A/C, etc."

Yes, I have proof that the clutch was bought from Advanced Auto in November of 2001, and the clutch has a lifetime warranty, but only to the original owner of the vehicle. Please explain your comment that if I have this proof that would preclude the "as is" law?
I found out in court that the husband and his father installed the clutch. When I had the new clutch installed the mechanic stated that 3 of the 6 bolts holding the clutch were missing. Guess someone didn't know what they were doing.
Thanks

If I tell you that this sale is "AS IS" AND also tell you that the clutch is new with a lifetime warranty, the two statements contradict and the clutch statement would supercede the 'as is' statement.... but only for the clutch.

It would NOT be a blanket 'waiver' of the normal principal of "Caveat Emptor" (Buyer Beware) that makes you responsible for your purchasing decision.

Now I understand. I want to thank you and the others who responded to my question. I'd like to add, that I never signed or received anything stating I was buying the vehicle "as is." This couple assumed that when you sell a used vehicle it is as you buy it.
Again, thanks
G

In general, they are correct that the vehicle is as is in a private party sale. This could be entirely different if you were purchasing the vehicle from a dealer.

I would also like to ad the unlike used cars sold by dealers, private individuals are not required to post on the car and have a waiver signed that the sale is "as is." But for our OP's defense, I witnessed last week a small claims case in which a vehicle was put up for sale by a classified ad that claimed the vehicle had a new radiator. The purchaser of the vehicle showed this to a cousin that just happened to own a radiator repair shop. The cousin informed the car buyer that the radiator was rebuilt, not new, and was able to provide evidece. Being as a new radiator was one of the reasons she purchased the vehicle (she is going to college in Phoenix later this year and a car that could keep its cool was important to her), she sued the seller of the vehicle for the cost difference (over $600) between the cost of a new radiator and a rebuilt one. The seller claimed that the car was sold "as is, where is" and had a receipt signed by the buyer stating as such. The judge ruled the receipt invalid because the seller used deceipt in selling the vehicle. The classified ad from the newspaper was considered to be a legal ad and that the seller was in violation of the state consumer protection laws that prevent false advertisements. The judge even suggested the young lady contact the District Attorney's office to see if they may wish to bring legal proceeding against the seller.