Georgia As-Is Sales — What “AS IS” on the Buyers Guide Actually Means (2026)

Manny Ruiz · Real Talk Media Group — Last Verified 2026-07-04

TL;DR

The word “AS IS” on your used-vehicle Buyers Guide has specific legal meaning. Under Georgia’s Uniform Commercial Code at O.C.G.A. § 11-2-316, a properly disclosed “AS IS” sale waives the implied warranty of merchantability (§ 11-2-314) and the implied warranty of fitness for a particular purpose (§ 11-2-315). The federal FTC Used Car Rule at 16 C.F.R. § 455 governs the format of the Buyers Guide disclosure that carries out the state waiver. What “AS IS” does NOT waive: any express warranty made in writing on the Buyers Guide or the contract; any manufacturer warranty still in effect; any dealer written promise (“we owe” list); the anti-fraud protections under Georgia FBPA § 10-1-393; and any title-brand disclosure duty (see GA-8). AS IS is powerful within its scope and irrelevant outside its scope. Know the difference. (Last Verified 2026-07-04.)

The Statute / The Law

• O.C.G.A. § 11-2-314 — implied warranty of merchantability (Georgia UCC)
• O.C.G.A. § 11-2-315 — implied warranty of fitness for a particular purpose
• O.C.G.A. § 11-2-316 — exclusion or modification of warranties (the “AS IS” statute)
• O.C.G.A. § 11-2-719 — remedies limitation
• 16 C.F.R. § 455 — FTC Used Car Rule Buyers Guide requirements (see F1)
• O.C.G.A. § 10-1-393 — Georgia FBPA (survives AS IS)

Georgia’s UCC is codified in Title 11. Section 2-316 permits exclusion of implied warranties by (a) using “AS IS,” “with all faults,” or similar language, (b) providing a conspicuous writing, (c) course of dealing or trade usage. The Buyers Guide provides the conspicuous writing.

Sources: O.C.G.A. § 11-2-316 at law.justia.com · 16 C.F.R. § 455 at ecfr.gov

How It Works

What the implied warranty of merchantability covers (before it is waived). Under § 11-2-314, when a merchant sells goods (the dealer is a merchant of vehicles), the sale carries an implied warranty that the goods are fit for the ordinary purpose for which such goods are used. For a used car, this means the vehicle can be driven safely as ordinarily driven. This warranty is created by law without the seller having to say anything.

How AS IS waives it (under § 11-2-316). A properly disclosed AS IS sale — meaning the AS IS designation appears prominently on the Buyers Guide (see F1) and is called to the buyer’s attention — waives the implied warranty of merchantability. Post-sale mechanical problems that would have been covered by the implied warranty are NOT covered.

What AS IS does NOT waive: (1) express written warranties on the Buyers Guide (e.g., “60 days / 50% on drivetrain”) control despite AS IS elsewhere per 16 C.F.R. § 455.3; (2) manufacturer warranty still in effect is unaffected by an AS IS dealer sale; (3) written “we owe you” promises on the Buyers Order or signed addendum are express promises that survive AS IS; (4) anti-fraud protections under Georgia FBPA § 10-1-393(b) protect against deceptive representations regardless of an AS IS sale; (5) title-brand disclosure duty — selling a rebuilt or salvage vehicle without disclosing the brand is an FBPA violation regardless of AS IS (see GA-8); (6) federal Buyers Guide requirements — the Buyers Guide must be posted per 16 C.F.R. § 455 regardless of AS IS status.

Foreign-language sales. Under 16 C.F.R. § 455.5, when the sale is conducted in Spanish, the Buyers Guide must direct the consumer to request the Spanish version (see F1).

When AS IS is “improperly disclosed.” If the AS IS box is not prominently marked, or the AS IS language is buried in the retail installment contract without a corresponding Buyers Guide notice, the AS IS waiver may fail under § 11-2-316 for lack of conspicuous disclosure. Georgia § 11-2-316 permits AS IS waiver; some other states (Massachusetts, Connecticut) restrict it — Georgia does not. (Last Verified 2026-07-04.)

Cure Period

There is no cure period on an AS IS sale for mechanical defects covered by the waived implied warranty. For fraud-based claims that survive AS IS, the § 10-1-399 demand-letter procedure applies.

Common Violations

Recurrent Georgia AS IS-related issues:

• AS IS box marked but the salesperson orally promised the vehicle “runs great” or “has no problems” (this creates an express warranty despite AS IS, or an FBPA fraud claim)
• Dealer promises repair pre-sale, does not write it on “we owe you,” then invokes AS IS post-sale to refuse
• Buyers Guide not properly displayed or not properly executed at closing (may void the AS IS waiver)
• Title brand undisclosed on an AS IS sale — AS IS does not waive brand-disclosure duty
• Odometer fraud on an AS IS sale — AS IS does not waive fraud

What Buyers Should Do

Before you sign on an AS IS vehicle:

1. Read the Buyers Guide carefully. Note the AS IS box, and check whether any warranty box is also marked. If both, the warranty controls the covered scope.
2. Get any oral promises in writing. If the dealer offered to “fix that noise before delivery,” write it on the “we owe you” or a signed addendum. Oral promises on an AS IS sale usually do not survive; written promises do.
3. Have a pre-purchase inspection (PPI) by an independent mechanic before signing. On an AS IS vehicle, the PPI is your last defense against undiscovered mechanical problems.
4. Run NMVTIS on the VIN (see GA-8).
5. Photograph the Buyers Guide as posted on the vehicle and after execution.

If a post-sale mechanical problem surfaces on an AS IS vehicle, your remedy is limited under the UCC to problems NOT covered by the waived warranty — practically, this leaves fraud (FBPA § 10-1-393), express written promises (contract law), and manufacturer warranty (if any). Consult a consumer attorney; the § 10-1-399 demand letter is inexpensive to send and often produces settlement.

Bilingual Notes

Para compradores hispanohablantes: “AS IS” en la Buyers Guide es una designación con significado legal específico. Bajo O.C.G.A. § 11-2-316 (Código Comercial Uniforme de Georgia), una venta AS IS correctamente divulgada renuncia a la garantía implícita de comerciabilidad (§ 11-2-314) y la garantía implícita de aptitud para un propósito particular (§ 11-2-315). AS IS NO renuncia: (1) garantías expresas escritas; (2) garantía de fabricante vigente; (3) promesas escritas del concesionario (“we owe you”); (4) protecciones contra fraude bajo FBPA § 10-1-393; (5) deber de divulgar brand del título (ver GA-8). Cuando la venta se negocia en español, el Buyers Guide debe dirigirle a solicitar la versión en español bajo 16 C.F.R. § 455.5 (ver F1). Antes de firmar AS IS, obtenga cualquier promesa oral por escrito en el “we owe you” y consiga una inspección pre-compra por mecánico independiente. AS IS es poderoso dentro de su alcance pero irrelevante fuera. Conozca la diferencia.

Sources (Primary)

1. O.C.G.A. § 11-2-316 — exclusion of implied warranties (Georgia UCC). law.justia.com (Accessed 2026-07-04)
2. O.C.G.A. § 11-2-314 — implied warranty of merchantability. law.justia.com (Accessed 2026-07-04)
3. 16 C.F.R. § 455 — FTC Used Car Rule Buyers Guide. ecfr.gov (Accessed 2026-07-04)
4. O.C.G.A. § 10-1-393 — Georgia FBPA (survives AS IS). law.justia.com (Accessed 2026-07-04)
5. Georgia AG Consumer Protection Division. consumer.georgia.gov (Accessed 2026-07-04)

Related Cells

• F1 — FTC Used Car Rule Buyers Guide
• F5 — Magnuson-Moss and implied warranty preservation on written-warranty sales
• GA-8 — Title branding (AS IS does not waive brand disclosure)
• GA-1 — Georgia Lemon Law (new-vehicle only — AS IS is used-vehicle context)
• GA-12 — Georgia FBPA remedy (survives AS IS)

Manny’s Floor Note

AS IS is the two words in the used-car market that generate the most disputes. Buyers hear “AS IS” and assume “no protection” — that is wrong. Sellers say “AS IS” and assume “no responsibility” — that is also wrong. The right frame is: AS IS is a specific waiver of a specific implied warranty; everything else the buyer might rely on — express promises, title brand, fraud protection, manufacturer warranty — survives. When a buyer complains about a Georgia AS IS purchase later, the question I ask is: what did the paperwork say beyond the AS IS stamp. That is where the case usually lives, and buyers often did not read the “we owe you” or the Buyers Order carefully enough to know what promises the dealer already made. Read every line before you sign an AS IS deal. (our verification process: Manny’s sales floor through sales manager experience — not F&I, not general management.)

Verified 2026-07-04 against primary sources.