All as-is means is that you're disclaiming the implied - wb890
All as-is means is that you're disclaiming the implied warranty of merchantability. What implied warranty of merchantability means is that something you buy will do what it's suppose to do whether or not the seller makes that claim. A car or a pickup will be safe and reliable transportation unless disclaimed by the seller. And it's always disclaimed by the seller. But, a disclaimer, when you sell the vehicle as-is, doesn't mean that you can break every law under the sun and get away with it. It merely means you are disclaiming the implied warranty of merchantability. In this instance, one of us is a merchant, Schwan Buick Cadillac, and this transaction is governed by the Uniform Commercial Code and as a merchant, Schwan Buick Cadillac had a fiduciary duty to act in good faith whenever they sold me this pickup. What we're talking about here is the breach of the obligation of good faith by the merchant as Schwan Buick Cadillac should have known that the pickup had a faulty right outer tie rod and Schwan Buick Cadillac should have known that I was riding and driving around in a vehicle with BAD rear brakes. The UCC says that parties to a commercial transaction must operate in good faith which is honesty in fact. Honesty. So, Schwan Buick Cadillac, a merchant with a full operating service department, was not in fact acting in good faith whenever they sold me this pickup for $10,000 with a defective right outer tie rod and poor defective rear brakes. This is a concept in the law known as "silent misrepresentation." Misrepresentation is often described as being akin to fraud. Fraud is where I make a false statement to you that you rely upon. And you rely upon it to your detriment and you get hurt and I benefit. Here, I relied upon Schwan Buick Cadillac to have at least inspected the pickup to see if it in fact had a defective right outer tie rod or defective rear brakes which could adversely affect my steering and or braking and Schwan Buick Cadillac either failed to do a minimum inspection before sale of the pickup or neglected to inform me about these two material facts about the pickup. Did I need to ask about these two material facts about the pickup? No. Under the law, Schwan Buick Cadillac was supposed to disclose those two material facts to me the buyer as it would have impacted my decision to buy the vehicle. This is called silent misrepresentation which is something that the dealer knows or should have known but does not tell me or you as the buyer. I had to find out via my first oil change that the right outer tie rod and the rear brakes were defective after approximately nine months of driving the vehicle unsafely with these defects. My family could have been killed due to Schwan Buick Cadillac's silent misrepresentation. So Jayce Schwan can go ahead and attempt to rely on his as-is no warranty story; however, you as the buyer are now aware of how Schwan Buick Cadillac operates by making sales through silent misrepresentation all while maximizing profit to the buyer's detriment. I would definitely avoid Schwan Buick Cadillac like the plague!
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