‘AS IS’ on a Georgia Used Car Buyers Guide: What It Really Waives (2026)

The words “AS IS” on your used-vehicle Buyers Guide have a specific legal meaning under Georgia UCC § 11-2-316 — but they do not waive as much as most buyers assume. Here is what AS IS actually covers, and the six things it does NOT waive.

What “AS IS” actually waives

Georgia UCC § 11-2-316 permits a merchant seller (a used-car dealer is a merchant) to disclaim the implied warranty of merchantability by using conspicuous language such as “AS IS” or “with all faults.” When properly disclosed on the FTC Buyers Guide (16 C.F.R. § 455), an AS IS designation waives:

• The implied warranty of merchantability (§ 11-2-314) — that the vehicle is fit for ordinary use
• The implied warranty of fitness for a particular purpose (§ 11-2-315) — if applicable

So if the vehicle later has mechanical problems that would ordinarily be covered by the implied warranty, AS IS blocks those claims.

What “AS IS” does NOT waive

1. Written express warranties on the Buyers Guide itself

If the Buyers Guide checks BOTH the AS IS box AND a warranty box (e.g., “60 days / 50% on drivetrain”), the warranty box controls the specific systems it covers per 16 C.F.R. § 455.3. The AS IS controls the systems NOT covered by the warranty box. The stated warranty terms override anything in the fine print of the sales contract.

2. Manufacturer warranty still in effect

If the vehicle still has a portion of the original manufacturer’s factory warranty (or a Certified Pre-Owned warranty), that warranty is UNAFFECTED by an AS IS dealer sale. The dealer’s AS IS does not touch the manufacturer’s separate contractual obligation.

3. Written “we owe you” or dealer promises

Anything the dealer promises to do or fix post-sale — repair a specific defect, deliver a missing key, refund something — must be written on the Buyers Order or a signed addendum (“we owe you” list). Written express promises survive AS IS.

Verbal promises without written incorporation are a different story: they can be enforced as oral express warranties under UCC § 2-313 (rare but possible), or as fraudulent representations under Georgia FBPA § 10-1-393 (more common), but not through AS IS itself.

4. Georgia FBPA anti-fraud protections

Georgia’s Fair Business Practices Act at O.C.G.A. § 10-1-393(b) protects against deceptive representations REGARDLESS of an AS IS sale. If the dealer:

• Represented the vehicle had features it did not have
• Hid known material defects
• Misrepresented the mileage or history
• Misrepresented the accident history

…those are FBPA violations. AS IS does not waive them. Treble damages up to $5,000 punitive plus attorney’s fees under O.C.G.A. § 10-1-399 remain available.

5. Title-brand disclosure duty

A dealer selling a rebuilt, salvage, or Lemon-buyback vehicle without disclosing the title brand is committing an FBPA violation regardless of AS IS designation. See GA-8 — Georgia Title Brands. AS IS is not a cover for undisclosed brand.

6. Federal Buyers Guide requirements

The FTC Used Car Rule at 16 C.F.R. § 455 requires the Buyers Guide to be posted on the vehicle before sale REGARDLESS of AS IS status. If the Buyers Guide is missing or defective, that is a federal violation independent of the AS IS waiver.

The Spanish-language wrinkle

Under 16 C.F.R. § 455.5, when the sale is conducted in Spanish, the dealer’s Buyers Guide must direct the consumer to request the Spanish version, and the Spanish version must be provided on request. This applies to AS IS sales same as any other. See F1 — FTC Used Car Rule.

When AS IS is “improperly disclosed”

If the Buyers Guide’s 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 UCC § 11-2-316 for lack of conspicuous disclosure. The implied warranty is revived — post-sale defect claims may proceed.

What to do before you sign an AS IS deal

1. Read the Buyers Guide carefully. Note the AS IS box, and check whether any warranty box is also marked.
2. Get any oral promises in writing. If the dealer offered to fix a noise, write it on the “we owe you” or signed addendum.
3. Have a pre-purchase inspection (PPI) by an independent mechanic.
4. Run NMVTIS on the VIN at vehiclehistory.gov — federal title-brand record.
5. Photograph the Buyers Guide as posted on the vehicle and after execution.

Applicable statutes

• O.C.G.A. § 11-2-316 — Georgia UCC exclusion of implied warranties
• O.C.G.A. § 11-2-314 — implied warranty of merchantability
• O.C.G.A. § 10-1-393 — Georgia FBPA
• 16 C.F.R. § 455 — FTC Used Car Rule Buyers Guide
• 16 C.F.R. § 455.5 — Spanish-language requirement