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

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. Ohio requires disclosure of known defects that materially affect the vehicle's value or safety. Odometer fraud and concealed accident damage are the highest-risk areas.

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

Ohio UCC (ORC 1302.29) allows implied warranty disclaimers using conspicuous AS-IS language. Ohio courts are seller-friendly in private party AS-IS cases. 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.

Ohio Scooter AS-IS Warranty Disclaimer

Selling a scooter privately in Ohio 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 Ohio Scooter 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: _______

Ohio Warranty Law Summary

Lemon law: Ohio lemon law (ORC Chapter 1345.71) applies to new vehicles sold by dealers only. Private sales with a written AS-IS clause are fully exempt.

Implied warranty: Ohio UCC (ORC 1302.29) allows implied warranty disclaimers using conspicuous AS-IS language. Ohio courts are seller-friendly in private party AS-IS cases.

What you must still disclose: Ohio requires disclosure of known defects that materially affect the vehicle's value or safety. Odometer fraud and concealed accident damage are the highest-risk areas.

Tip: Ohio's AS-IS protection for private sellers is among the strongest in the US. Courts have upheld AS-IS clauses even where the buyer had no pre-purchase inspection, provided the disclaimer was clear and signed.

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 Ohio

1
List all known defects first
Ohio requires disclosure of known defects that materially affect the vehicle's value or safety. Odometer fraud and concealed accident damage are the highest-risk areas.
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 Ohio?

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. Ohio requires disclosure of known defects that materially affect the vehicle's value or safety. Odometer fraud and concealed accident damage are the highest-risk areas.

Does Ohio lemon law apply to my private scooter sale?

Ohio lemon law (ORC Chapter 1345.71) applies to new vehicles sold by dealers only. Private sales with a written AS-IS clause are fully exempt.

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

Ohio requires disclosure of known defects that materially affect the vehicle's value or safety. Odometer fraud and concealed accident damage are the highest-risk areas.

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 Ohio Bill of Sale with AS-IS Clause

Our bill of sale includes a properly worded AS-IS disclaimer for Ohio scooter sales.

Create Ohio Scooter Bill of Sale