Don’t let used car dealerships waive the implied warranty on your car

OLYMPIA — As used car prices rise, Attorney General Bob Ferguson is urging Washingtonians to know their used car warranty rights. All used cars come with an “implied warranty” under state law, ensuring the car is safe to drive and free from major defects. Dealers may not waive this warranty without the knowledge and consent of the purchaser.

“Know your rights – don’t let used car dealerships waive your car warranty without your consent,” Ferguson said. “It’s not just unfair. It’s against the law. Any car dealer who fails to honor the implied warranty will hear from my office. »

In Washington, all used cars must be sold with an “implied warranty of merchantability,” which means the dealer must promise that the used car will be fit for ordinary driving, reasonably safe, free of major defects, and of the average quality of similar cars available. for sale in the same price range.

A car can only be sold without the implied warranty if the customer has knowingly agreed to waive the warranty and received a statement of the particular features or parts of the car which are not covered. Regardless of whether or not the implied warranty is waived, dealers cannot sell cars that, due to faulty or missing safety equipment, are not legal to drive on public roads.

From January 2021 to April 2022, consumers filed more than 400 complaints citing implied warranties, or 31% of all automotive complaints to the Attorney General’s office.

Ferguson urges Washingtonians to be aware of their rights when shopping for used cars. A retailer cannot waive your warranty rights without your knowledge.

  • Using an “as is” sticker in the window of a car for sale does not circumvent your implied warranty rights.
  • Buyers must knowingly agree to waive their implied warranty rights.
  • There must be a written record of any discussion of a waiver. Get all promises in writing.
  • A discussion of size, style, color, additional equipment, price, power,. and the model is not an express negotiation of a waiver of implied warranty rights.
  • The onus is on the dealer to demonstrate that the consumer has waived the implied warranty.

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