Checking written as-is terms before advancing a used-car listing

The short answer

When a dealership sells a used car "as is," it is saying it will not fix problems after the sale. Repairs become your cost the moment the deal is done. That covers problems you knew about and problems you didn't. In the United States, a dealer cannot simply say this out loud. Under the Federal Trade Commission's Used Car Rule, the as-is status has to appear on a window sticker called the Buyers Guide. The Buyers Guide becomes part of your sales contract, and it overrides any contrary terms in the contract. So before you move a listing forward, compare four things: the advertisement, the Buyers Guide, the proposed contract, and any promises the seller has made. Whatever is written on the final Buyers Guide and contract is generally what you get.

Three conditions can change this answer:

• Who is selling: the Used Car Rule applies to dealers who sell more than five used vehicles in a 12-month period. It does not apply to private sellers, and private sales are typically as-is by default.
• Which state the sale happens in: several states and the District of Columbia limit or prohibit as-is sales for many used vehicles. Some states, such as Massachusetts, New York and New Jersey, have used-car lemon laws or minimum-warranty requirements that a dealer cannot waive.
• What else the dealer sells you: under the federal Magnuson-Moss Warranty Act, a dealer who sells you a service contract at the time of sale, or within 90 days of it, cannot disclaim implied warranties on that car.

What "as is" does and doesn't remove

An as-is sale disclaims the dealer's warranties, including implied warranties. An implied warranty is an unwritten legal promise that a product is fit for ordinary use. In the car context, it means the vehicle should run and do what a car normally does.

As-is wording does not erase everything, though:

• A manufacturer's warranty that is still in force usually transfers with the car. The Buyers Guide has a place to note that.
• Written promises the dealer makes, such as a repair to be done before delivery, are still commitments. Get them written into the Buyers Guide or contract.
• Fraud or deliberate misrepresentation about the car's history or condition is generally not shielded by an as-is clause. The remedies depend on state law.

Are all used cars sold as-is?

No. A dealer's Buyers Guide shows one of the following:

• "As Is – No Dealer Warranty": the dealer offers no warranty and disclaims implied warranties.
• "Dealer Warranty": the dealer offers a full or limited warranty. The guide should list which systems are covered, the duration, and the percentage of repair cost the dealer pays.
• In states that don't allow as-is sales, dealers use a version showing that implied warranties apply.

The box the dealer checks is a term of your deal. If the listing promised a 30-day warranty but the Buyers Guide on the car has "As Is" checked, the written Buyers Guide is what counts. Resolve that conflict before you sign.

Can you return a car sold as-is?

Usually not. There is no federal three-day cooling-off period for cars bought at a dealership. The FTC's Cooling-Off Rule does not cover vehicles purchased on the dealer's lot.

A return or cancellation right exists only in these cases:

• The dealer offers a return policy and puts it in writing.
• State law requires a cancellation option. California, for example, requires dealers to offer a paid contract cancellation option on many used-car purchases.
• The contract is undone for another legal reason, such as fraud or a financing contingency that fails.

A verbal "bring it back if you don't like it" is very hard to enforce. Ask for any return terms in writing, including the deadline, mileage limits, fees and condition requirements.

Step 1: Build a document register for the listing

Before you negotiate, record the basics and request the documents. If you are comparing several cars, keep the same register for each listing so you can compare them on equal terms.

• Vehicle identity: year, make, model, trim, mileage and the full VIN (vehicle identification number).
• Seller identity and type: the business name, and whether it is a dealer, a private seller or an online retailer.
• Transaction jurisdiction: the state where you will sign and take delivery.
• Listing date and the exact as-is or warranty wording in the advertisement. Save a screenshot.
• The Buyers Guide for that specific vehicle, front and back.
• The proposed purchase agreement or buyer's order.
• Any written seller promises: repairs, included items such as a second key or floor mats, and inspection results.
• Stated warranty, service-contract and return or cancellation terms.

Step 2: Compare the documents side by side

Put each term in a row so mismatches stand out. Fill in only what is actually written. A blank cell is itself a finding.

Topic	Advertisement wording	Proposed agreement wording	Buyers Guide or other document	Discrepancy	Seller's written response	Resolution date
Warranty status
Promised repairs
Included items
Manufacturer warranty remaining
Service contract offered
Return or cancellation terms
Price and fees

Here is an illustrative example. An ad says "new brakes, 90-day warranty." The Buyers Guide is marked "As Is," and the buyer's order says nothing about brakes. That is two discrepancies: a warranty conflict and an undocumented repair promise. Both should be corrected in writing before you go any further.

Step 3: Decide whether to advance the listing

• Match every document to the same VIN and the same seller. A Buyers Guide from a different car is not your Buyers Guide.
• Flag missing documents. A dealer covered by the Used Car Rule should have a Buyers Guide posted on the vehicle.
• Flag conflicting promises. Ask the seller to correct the Buyers Guide or contract so it reflects what was advertised or said.
• Identify the official authority for your state, usually the attorney general's consumer protection office or the motor vehicle dealer licensing agency. Check whether as-is sales are allowed there and what warranty or cancellation rules apply to your seller type.
• Treat unanswered questions as unresolved. Don't assume a promise is enforceable, or that a return right exists, until it appears in a signed document or you have confirmed the rule that grants it.
• Arrange an independent pre-purchase inspection, especially for an as-is sale. In that kind of sale, problems found afterward are typically yours to pay for.

Advance the listing when every material term matches across the documents and any promise you are relying on is in writing. If the seller won't put an advertised term in writing, treat that term as not part of the deal, and weigh the car accordingly.