This Essay considers the common law view that the sale of a used car is essentially “as is,” in light of state lemon laws, which attempt to protect the interests of used car buyers under certain circumstances. The Essay highlights provisions of the New Jersey Lemon Law, which provide specific vehicle and parts coverage, warranty protections, and buyer rights in case the automobile is deemed a lemon, arguing that other states should consider adopting similar legislation in the name of consumer protection. The Essay describes the essence of a traditional “as is” sale, and emphasizes the fact that the “as is” sale would not be operative in cases of consumer fraud by the seller.
Hunter, Richard J. Jr.
"A Statutory Override of an “As Is” Sale: A Historical Appraisal and Analysis of the UCC, Magnuson-Moss, and State Lemon Laws,"
University of Massachusetts Law Review: Vol. 11
, Article 4.
Available at: http://scholarship.law.umassd.edu/umlr/vol11/iss1/4