Does an AS-IS clause protect me from all claims in Pennsylvania?

An AS-IS clause protects you from claims about defects the buyer discovers after the sale that they could have found through inspection. It does NOT protect you from claims that you actively concealed or misrepresented a known defect. Pennsylvania Unfair Trade Practices and Consumer Protection Law requires disclosure of known material defects that would influence the buyer's decision. AS-IS does not protect fraudulent misrepresentation.

What implied warranties am I disclaiming with an AS-IS clause?

Pennsylvania UCC (13 Pa.C.S. §2316) allows disclaimers of implied warranties using conspicuous AS-IS language. Courts require the disclaimer to stand out from surrounding text. The two main implied warranties under UCC Article 2 are: (1) Implied Warranty of Merchantability — that the vehicle works for its ordinary purpose (transportation), and (2) Implied Warranty of Fitness for a Particular Purpose — that the vehicle is suitable for a specific use (towing, off-road, etc.).

What happens if I do not have a written AS-IS disclaimer?

Without a written AS-IS disclaimer, the implied warranty of merchantability may apply — meaning the buyer could argue the vehicle should function for normal transportation use. A written, conspicuous AS-IS clause is the only reliable way to disclaim this warranty.

Can I use an AS-IS clause for a vehicle with a salvage or rebuilt title?

Yes, and it is especially important to do so. Additionally, you must disclose the salvage or rebuilt title status explicitly — both in the bill of sale and on the title itself. AS-IS + title disclosure together provide the strongest protection.

Pennsylvania Boat AS-IS Warranty Disclaimer

Selling a boat privately in Pennsylvania without a written AS-IS disclaimer leaves you exposed to post-sale warranty claims. This guide explains exactly what to include, what lemon law does (and does not) cover, and what you must still disclose even with an AS-IS clause.

Lemon Law Applies

AS-IS Enforced

Yes

Sample AS-IS Disclaimer for Pennsylvania Boat Sales

Include this language verbatim in your bill of sale. Have the buyer initial next to it.

— DISCLAIMER OF WARRANTIES —

The vessel described herein is sold "AS IS" in its current condition, including engine, hull, trailer (if included), and all equipment. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING SEAWORTHINESS, FITNESS FOR USE, OR MERCHANTABILITY. Buyer accepts the vessel having conducted or waived a pre-purchase survey.

Buyer initials: _______ Date: _______

Pennsylvania Warranty Law Summary

Lemon law: Pennsylvania lemon law (73 P.S. §1951) covers new motor vehicles from licensed dealers. Private sales are excluded.

Implied warranty: Pennsylvania UCC (13 Pa.C.S. §2316) allows disclaimers of implied warranties using conspicuous AS-IS language. Courts require the disclaimer to stand out from surrounding text.

What you must still disclose: Pennsylvania Unfair Trade Practices and Consumer Protection Law requires disclosure of known material defects that would influence the buyer's decision. AS-IS does not protect fraudulent misrepresentation.

Tip: Pennsylvania courts use the 'materiality test' for defect disclosure — if a reasonable buyer would have paid less or not bought at all knowing the defect, it is material and must be disclosed.

When AS-IS Protects You (and When It Does Not)

Scenario	AS-IS Only	AS-IS + Disclosure
Undisclosed engine defect the seller knew about	NOT protected — AS-IS does not cover active concealment	Protected if seller disclosed and buyer accepted
Transmission fails 2 weeks after sale (seller did not know)	Protected — AS-IS covers unknown defects	Protected if documented as unknown at time of sale
Buyer claims vehicle is not merchantable after crash	Protected — implied warranty of merchantability disclaimed	Protected with written disclaimer
Odometer rollback the seller was aware of	NOT protected — federal odometer fraud law supersedes	NOT protected — odometer fraud is a federal crime
Cosmetic damage buyer noticed at inspection but accepted	Protected — buyer had opportunity to inspect	Protected

How to Write a Valid AS-IS Disclaimer in Pennsylvania

1
List all known defects first
Pennsylvania Unfair Trade Practices and Consumer Protection Law requires disclosure of known material defects that would influence the buyer's decision. AS-IS does not protect fraudulent misrepresentation.
2
Use the exact phrase "AS IS" and "WITH ALL FAULTS"
These specific words are required under UCC Article 2 to effectively disclaim implied warranties. Do not paraphrase.
3
Make the disclaimer visually conspicuous
Use bold, uppercase, or a separate box. Courts have struck down AS-IS clauses blended with regular text or buried in fine print.
4
Include it in the signed bill of sale
A verbal AS-IS agreement is unenforceable in most states. The disclaimer must be in the written, signed transaction document.
5
Have the buyer initial next to the disclaimer
Buyer initials on the AS-IS clause specifically demonstrates they read and accepted that specific provision — critical if a dispute arises.
6
Retain a signed copy
Keep the signed bill of sale with AS-IS language for at least 3 years. If a claim arises, this is your evidence.

Frequently Asked Questions

Does an AS-IS clause fully protect me in Pennsylvania?

An AS-IS clause protects you from claims about defects the buyer discovers after the sale that could have been found through inspection. It does NOT protect against active concealment of known defects. Pennsylvania Unfair Trade Practices and Consumer Protection Law requires disclosure of known material defects that would influence the buyer's decision. AS-IS does not protect fraudulent misrepresentation.

Does Pennsylvania lemon law apply to my private boat sale?

Pennsylvania lemon law (73 P.S. §1951) covers new motor vehicles from licensed dealers. Private sales are excluded.

What defects must I disclose even with an AS-IS clause?

Pennsylvania Unfair Trade Practices and Consumer Protection Law requires disclosure of known material defects that would influence the buyer's decision. AS-IS does not protect fraudulent misrepresentation.

What language must the AS-IS disclaimer include?

The disclaimer must include "AS IS" or "with all faults" in conspicuous text under UCC Article 2. The sample language above meets this standard. Have the buyer initial the clause separately.

Can I sell a vehicle with a salvage title as-is?

Yes — but you must disclose the salvage or rebuilt title in both the bill of sale and the title document. AS-IS + explicit title disclosure together provide the strongest protection for salvage/rebuilt title sales.

Generate a Pennsylvania Bill of Sale with AS-IS Clause

Our bill of sale includes a properly worded AS-IS disclaimer for Pennsylvania boat sales.

Create Pennsylvania Boat Bill of Sale