Legal Question in Consumer Law in Pennsylvania

Cars are sold with a warranty or "as is." If this is a sale between two people, the sale is usually as is. However, nothing is assumed. The Commercial Code applies and if you are the seller to all sales over $500, Since this is a car, I assume that the sale is over that amount. You want to protect yourself by having the bill of sale in writing and by excluding any implied warranties in accordance with the following statute:

13 Pa.C.S.A. � 2316 - Exclusion or modification of warranties

(a) Construction of words or conduct limiting warranties.--Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this division on parol or extrinsic evidence (section 2202) negation or limitation is inoperative to the extent that such construction is unreasonable.

(b) Implied warranties of merchantability and fitness.--Subject to subsection (c), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof."

(c) Implied warranties in general.--Notwithstanding subsection (b):

(1) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," "with all faults" or other language which in common understanding calls the attention of the buyer to the exclusion of warranties and makes plain that there is no implied warranty.

(2) When the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him.

(3) An implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.

(d) Limitation of remedies for breach of warranty.--Remedies for breach of warranty can be limited in accordance with the provisions of this division on liquidation or limitation of damages (section 2718) and on contractual modification of remedy (section 2719).

If you are the buyer, then get a warranty. Even though the contract might be silent, inspecting the car negates any implied warranty under 13 Pa.C.S.A. � 2316(c)(2) of the above statute. Before you buy, get a CarFax report AND take the car to an independent mechanic and pay for the mechanic to thorougly examine your car. Unless you are a mechanic, you may or may not know what to look for to see if the car was in a prior wreck or had prior damage or if it is mechanically sound.