[WA] Does selling a vehicle “as is” protect me from liability if there are known but undisclosed issues?

Lexi, Chatbot

I understand that you're concerned about the protection a bill of sale provides for your vehicle. Can you tell me if the vehicle has been inspected or if there are any warranties associated with it?

Lexi, Chatbot

Have you already completed the sale, or are you still in the process of negotiating the terms?

Queeneth E. Esq

Hello and welcome to our service. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

Could you tell me more about the specific issues you're aware of with the vehicle? What state or country are you located in, as laws regarding vehicle sales can vary by location? Have you disclosed the two known non-safety issues to the potential buyer in writing or verbally?

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly. Thank you for your patience.

Queeneth E. Esq

In Washington, an “as is”/“with all faults” private-sale bill of sale is helpful, but it is not a total shield.

The good news for you is that Washington’s UCC says implied merchantability warranties apply only if the seller is a merchant with respect to goods of that kind. A private family seller usually is not a merchant seller. And Washington also says implied warranties are generally excluded by language like “as is” or “with all faults” if it clearly tells the buyer there is no implied warranty. (WA Rev Code § 62A.2-314)

What that means is that an “as is” bill of sale usually gives you decent protection against unknown mechanical issues that show up later, especially in a private sale. It is stronger protection for unknown defects than if you were a dealer making consumer sales.

But it does not protect you from everything. In Washington, you still have a warranty that the title is good and the vehicle is transferred free of undisclosed liens or encumbrances, unless that title warranty is specifically modified. And an express warranty can still be created by any factual promise or description that becomes part of the deal. An “as is” clause does not override an express warranty if the two conflict. (WA Rev Code § 62A.2-313)

So, for your situation, the safest version is not just “sold as is.” It is:

1. Sold AS IS, WITH ALL FAULTS.
2. Seller makes no warranties, express or implied, except good title.
3. List the known issues specifically:
   • Hydraulic lift leak on aftermarket assist component
   • One fog light bulb needs replacement
4. Say the headlights, tail lights, and ramp function work, if that is true.
5. Say the buyer had the chance to inspect the vehicle or have it inspected. (RCW 62A.2-316(3)(b))
6. Attach or reference the mechanic's invoice if you want the written disclosure to match your records.

That approach is safer because Washington law says express warranties can arise from factual statements or descriptions, so you want your written description to be accurate and limited.

I would also avoid broad statements like:

• “Excellent condition”
• “No problems”
• “Everything works perfectly”

Those kinds of statements can create arguments about an express warranty if they are treated as part of the bargain.

A few Washington paperwork items also matter:

1. Complete the title transfer
2. Use a bill of sale
3. File a Report of Sale within 5 days
4. If the vehicle is 20 years old or newer, complete the required odometer disclosure (RCW 46.12.124)