Hidden Defects

Many dealers believe that the “as-is" relieves them of their obligation to disclose material defects they knew or should have known about. A dealer is not required to guarantee, warrant or represent that a used vehicle will not have any mechanical problems or undetected material defects once the vehicle is sold.

A dealer also does not need to create an exhaustive list of every ding, paint scratch, fabric tear or discoloration clearly visible upon inspection by an average consumer. However, unless explicitly disclosed prior to a sale or lease, every motor vehicle that is offered for sale must be roadworthy when it is sold, to have an unbranded title, and to have no undisclosed material defects.