Please ensure Javascript is enabled for purposes of website accessibility

Contracts – warranties — as is disclaimers

By: WISCONSIN LAW JOURNAL STAFF//January 18, 2012//

Contracts – warranties — as is disclaimers

By: WISCONSIN LAW JOURNAL STAFF//January 18, 2012//

Listen to this article

Wisconsin Court of Appeals

Civil

Contracts – warranties — as is disclaimers

Extreme Auto Sales Plus, Inc. (Extreme) and Jason Garrett (Garrett) appeal from a judgment entered in favor of Judy Martin following a bench trial in a small claims action.

The dispute concerns the sale of a used motor vehicle to Martin by Extreme, acting through its agent, Garrett. Because of various defects, the vehicle cannot be legally operated on a Wisconsin highway. As a result, Martin sued Extreme and Garrett for the estimated repair costs necessary to bring the vehicle into conformity with Wisconsin law. Based on Garrett’s failure to obtain Martin’s signature on the paperwork documenting the transaction, the trial court rejected Garrett’s argument that the “as is/warranty disclaimer” language in the parties’ motor vehicle purchase contract precluded Martin’s claim.

We agree with the trial court that Garrett cannot rely on the “as is/warranty disclaimer” language, but we do so on a different basis: the contract fails to recite the warning mandated by Wis. Admin. Code § Trans 139.04(5)(b) (Aug. 2008) that when a used motor vehicle cannot be legally operated on a Wisconsin highway, the purchase contract must “conspicuously” state a warning to that effect and must further recite that the vehicle may not be safe. On this slightly different basis, we affirm the judgment.[3] This opinion will not be published.

2011AP435 Martin v. Extreme Auto Sales Plus Inc., et al.

Dist II, Fond du Lac County, Wirtz, J., Nettesheim, J.

Attorneys: For Appellant: Culp, Peter J., Oshkosh; For Respondent: Martin, Judy, pro se

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests