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

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. Illinois Consumer Fraud and Deceptive Business Practices Act requires disclosure of known material defects regardless of AS-IS clauses. Concealing a known transmission failure, for example, is not protected by AS-IS.

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

Illinois UCC (810 ILCS 5/2-316) allows disclaimer of implied warranties using AS-IS language. The disclaimer must be in writing and conspicuous. 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.

Illinois Jet Ski AS-IS Warranty Disclaimer

Selling a jet ski privately in Illinois 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 Illinois Jet Ski Sales

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

— DISCLAIMER OF WARRANTIES —

The vehicle described herein is sold "AS IS" and "WITH ALL FAULTS" in its current condition. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer has been given the opportunity to inspect the vehicle and accepts it in its present condition.

Buyer initials: _______ Date: _______

Illinois Warranty Law Summary

Lemon law: Illinois lemon law (815 ILCS 380) covers new and demonstrator vehicles from dealers. Private used car sales are not covered.

Implied warranty: Illinois UCC (810 ILCS 5/2-316) allows disclaimer of implied warranties using AS-IS language. The disclaimer must be in writing and conspicuous.

What you must still disclose: Illinois Consumer Fraud and Deceptive Business Practices Act requires disclosure of known material defects regardless of AS-IS clauses. Concealing a known transmission failure, for example, is not protected by AS-IS.

Tip: Illinois courts have ruled that AS-IS clauses do not protect sellers who actively misrepresent condition. Passive non-disclosure of unknown defects is protected; active misstatement is not.

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 Illinois

1
List all known defects first
Illinois Consumer Fraud and Deceptive Business Practices Act requires disclosure of known material defects regardless of AS-IS clauses. Concealing a known transmission failure, for example, is not protected by AS-IS.
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 Illinois?

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. Illinois Consumer Fraud and Deceptive Business Practices Act requires disclosure of known material defects regardless of AS-IS clauses. Concealing a known transmission failure, for example, is not protected by AS-IS.

Does Illinois lemon law apply to my private jet ski sale?

Illinois lemon law (815 ILCS 380) covers new and demonstrator vehicles from dealers. Private used car sales are not covered.

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

Illinois Consumer Fraud and Deceptive Business Practices Act requires disclosure of known material defects regardless of AS-IS clauses. Concealing a known transmission failure, for example, is not protected by AS-IS.

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 Illinois Bill of Sale with AS-IS Clause

Our bill of sale includes a properly worded AS-IS disclaimer for Illinois jet ski sales.

Create Illinois Jet Ski Bill of Sale