Overcoming 'As-Is' Clauses in Fraudulent Washington State Used Car Sales
An 'As-Is' sticker on a used car does not give a Washington dealership the right to commit fraud. Washington state has a strict Implied Warranty of Merchantability. If a dealer actively conceals major defects-like clearing check engine light codes just before your test drive-the 'As-Is' paperwork will not protect them from a lawsuit.
Why an 'As-Is' Sticker Does Not Protect a Fraudulent Dealer
Buying a used car in Washington State, whether in Spokane, Everett, or Tacoma, often comes with anxiety. Many dealerships slap a massive 'AS-IS / NO WARRANTY' buyer's guide on the window and tell you that once you drive off the lot, the car's problems are entirely yours. While this is a common tactic to discourage buyers from complaining when the transmission blows up a week later, it is heavily restricted under Washington law. An 'As-Is' clause is not a magic shield that allows a business to lie, cheat, or deliberately sell dangerous junk.
State law provides powerful protections for used car buyers that most dealerships try to ignore. If you recently bought a lemon and the dealer is hiding behind 'As-Is' paperwork, do not simply accept the loss. We recommend utilizing our lawyer directory to find a Washington auto fraud attorney who knows how to tear through these deceptive defenses.
The Implied Warranty of Merchantability in Washington
Unlike many other states, Washington is fiercely protective of consumers regarding implied warranties. Under Wash. Rev. Code § 62A.2-314, every vehicle sold by a dealer automatically comes with an 'Implied Warranty of Merchantability.' This means the car must be fundamentally fit for its ordinary purpose-it must be safe to drive and capable of reliable transportation.
To sell a car entirely 'As-Is' without this implied warranty, the dealership must fulfill incredibly strict requirements under Wash. Rev. Code § 62A.2-316. They cannot just bury a disclaimer in the fine print. The disclaimer must be explicitly negotiated, specifically mention the parts not covered, and be signed by you. The landmark case Testo v. Russ Dunmire Oldsmobile, Inc., 16 Wash. App. 39 (WA Court of Appeals 1976) firmly established that unless the buyer fully understands and specifically negotiates the waiver of the implied warranty, the 'As-Is' clause is legally void.
Proving Deliberate Deception by the Dealer
Even if a dealership successfully and legally disclaims the implied warranty, an 'As-Is' clause never protects them from active fraud. There is a massive legal difference between a car naturally breaking down and a dealer deliberately hiding a known, catastrophic defect.
Clearing Check Engine Codes Before the Test Drive
One of the most common forms of active deception is temporarily resetting the vehicle's computer. Unscrupulous dealers will use an OBD-II scanner to clear major check engine light codes right before you arrive for a test drive. The car seems fine, but 50 miles down the highway, the computer cycles and the engine light returns, revealing a destroyed catalytic converter or transmission. This is active concealment and fraud. A mechanic can easily pull the computer's history to prove the dealer wiped the codes, completely invalidating the 'As-Is' defense.
Verbal Promises That Contradict 'As-Is' Paperwork
Dealerships often tell you one thing to your face and hand you paperwork that says another. A salesperson might say, 'We just put a brand new transmission in this truck, it's good to go for another 100,000 miles.' But when you sign, they slip in a standard 'As-Is' form. If the transmission fails the next day and it turns out to be the original, broken part, the dealer has committed deceptive misrepresentation. You can pursue them under the Consumer Protection Act pursuant to Wash. Rev. Code § 19.86.020 for deceptive misrepresentation, regardless of the 'As-Is' sticker.
Cost of Suing a Dealership in Washington
Holding a shady dealership accountable is accessible for everyday consumers. Because the Wash. Rev. Code § 19.86.090 allows for the recovery of attorney's fees, most fraud lawyers will take strong cases with little to no money down.
| Superior Court Filing Fee | $290.00 at Spokane County Superior Court, Spokane or Snohomish County Superior Court, Everett |
| Expert Mechanic Inspection | $100 - $250 (to prove codes were cleared) |
| Attorney Fees | Contingency based (dealer pays if you win) |
Timelines for Fraud Lawsuits
If your car breaks down immediately after purchase, the first step is for your attorney to draft a formal demand letter insisting the dealer unwind the sale. Dealerships often cave within 14 to 30 days once they realize you have legal backing and proof of cleared engine codes. If the dealer refuses and the case goes to court, civil litigation in Washington takes an average of 10 to 14 months to progress through discovery and reach a trial date.
Frequently Asked Questions (FAQ)
What does the Implied Warranty of Merchantability actually cover?
It guarantees that the vehicle is reasonably safe, free of major undisclosed defects, and fundamentally capable of getting you from point A to point B without catastrophic failure shortly after purchase.
Can a dealer hide behind an 'As-Is' sign if the frame is rusted through?
No. If the frame has severe structural rust that makes the vehicle incredibly dangerous to drive, and the dealer painted over it or failed to disclose it, that is considered a violation of the implied warranty and potential fraud.
How long do I have to return a used car in Washington?
There is absolutely no 3-day right to cancel a car purchase in Washington State. Once you sign the contract, you own the car, unless you can prove the dealer committed fraud or breached the implied warranty.
How can I find a lawyer to help me sue a used car lot?
You can quickly browse our nationwide directory of consumer protection attorneys to find a legal professional in Washington who specializes in auto dealer fraud and fighting 'As-Is' clauses.
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