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Consumer Protection Law

University of Massachusetts School of Law

Journal

2016

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Full-Text Articles in Law

A Statutory Override Of An “As Is” Sale: A Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr. Feb 2016

A Statutory Override Of An “As Is” Sale: A Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr.

University of Massachusetts Law Review

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 …