1. The contract contained a warranty statement providing the vehicle was being sold “As-Is” and the dealer assumed no responsibility for any oral statements about the vehicle.
2. The purchaser was charged an inspection fee and service charge, and was informed the oil was changed and the car was mechanically sound.
3. The engine block of the car was irreparably blown shortly after purchasing the vehicle due to a lack of oil in the engine.
4. The purchaser sued the dealer, including a claim under the Florida Deceptive and Unfair Trade Practices Act.
5. The trial court granted the dealer’s motion for summary judgment, but the appellate court disagreed, stating that there was a genuine issue of material fact based on the mechanic’s affidavit, the dealership’s inspection charge, and the condition of the vehicle. – Florida’s Deceptive and Unfair Trade Practices Act and fraud statutes protect purchasers against sellers, even if there is a signed contract with as-is and no warranty provisions.
– The case of White v. Revco Discount Drug Centers, Inc. showed that contractual provisions cannot waive the protection of a statute and are unenforceable if they are contrary to public policy.
– It is possible for courts to find contractual provisions such as as-is and no warranty clauses unenforceable, regardless of their presence in a contract.
https://www.jimersonfirm.com/blog/2019/04/florida-as-is-no-warranty-hold-harmless-provisions/
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