Price v. S&S Auto Sales, Inc.

A-3398-97T2 (N.J. Super. App. Div. 1999) (Unpublished)
  • Opinion Date: March 10, 1999

AUTOMOBILES; AS-IS; WARRANTIES—The purchase of a used car sold “as-is” without warranty can be rescinded if the vehicle is replete with defects.

A buyer purchased a used car, clearly marked as being sold “as is” without warranty. The battery failed on the day of purchase. Within two days, it was discovered that the brakes, the carburetor, the radiator, and the master brake cylinder were defective and required repair or replacement. The buyer attempted to return the car to the dealer within the two days, but the dealer refused to take the car back. The lower court, with the Appellate Division’s affirmance, set aside the contract even though the car was sold without warranty. It was “understandably disturbed with the extent of the repairs that were needed to be made and the fitness of the vehicle,” and concluded that there was “not a meeting of the minds” because of “overreaching.”