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Blount v. Variety Auto Sales, Inc.

A-3655-98T5 (N.J. Super. App. Div. 2000) (Unpublished)

AUTOMOBILES; WARRANTIES—Automobile warranties need not be given for vehicles that are sold for less than $3,000, are more than seven model years old, and have been driven more than 100,000 miles.

An automobile dealer sold a ten year old automobile that had been driven 122,338 miles. The sale was made “as is,” and the buyer acknowledged, in writing, that “no warranty” meant that the Buyer was responsible to “pay all costs for any repairs” and that the “dealer assumed no responsibility for any repairs regardless of any oral statements about the vehicle.” Further, the buyer signed a waiver of limited warranty in accordance with N.J.S. 55:8-73. Two days later, the vehicle’s car wires caught fire. The dealer refused to pay for repairs and the Buyer sued the dealer for the cost of those repairs. The lower court found in the Buyer’s favor and entered judgment in the amount of $700. On appeal, the Court pointed out that with respect to the motor vehicle sales, “as is” means “sold by a dealer to a consumer without any warranty, either expressed or implied, and with the consumer being solely responsible for the cost of any repairs to that motor vehicle.” Further, applicable statutes permit a written waiver of a dealer’s obligation to provide a warranty on a used vehicle “as a result of a price negotiation for the purchase of the used motor vehicle with over sixty thousand miles.” Finally, also by statute, the vehicle was not covered by a warranty. Warranty requirements do not apply to vehicles that are “sold for less than $3,000;” and are over seven or more model years old; or, any used motor vehicle with more than 100,000 miles. The buyer’s car met all of these exemptions and therefore was not covered by statutory warranty requirements. Consequently, the lower court’s judgment was reversed.


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