The Federal Trade Commission's Used Car Rule requires dealers to post a Buyers Guide in every used car or vehicle they offer for sale. Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year doesn't have to post a Buyers Guide. The Buyers Guide must tell you whether the vehicle is being sold "as is" or with a warranty; what percentage of the repair costs a dealer will pay under the warranty; that spoken promises are difficult to enforce; to get all promises in writing; to keep the Buyer's Guide for reference after the sale; the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and to ask to have the car inspected by an independent mechanic before you buy.
When you buy a used car from a dealer, get the original Buyers Guide that was posted in the vehicle, or a copy. The Guide must reflect any negotiated changes in warranty coverage. It also becomes part of your sales contract and overrides any contrary provisions. For example, if the Buyers Guide says the car comes with a warranty and the contract says the car is sold "as is," the dealer must give you the warranty described in the Guide. When the dealer offers a vehicle "as is," the box next to the "As Is - No Warranty" disclosure on the Buyers Guide must be checked. If the box is checked but the dealer promises to repair the vehicle or cancel the sale if you're not satisfied, make sure the promise is written on the Buyers Guide. Otherwise, you may have a hard time getting the dealer to make good on his word.
If the dealer fails to provide proper disclosures, the sale is not "as is." To find out what disclosures are required for "as is" sales in your state, contact your state Attorney General. State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties -- unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties.
