Wisconsin Tractor AS-IS Warranty Disclaimer
Selling a Tractor privately in Wisconsin 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
No (typically)
AS-IS Enforced
Yes (if conspicuous)
Sample AS-IS Disclaimer for Wisconsin Tractor 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: _______
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 Wisconsin
- 1
List all known defects first
Always disclose known material defects — AS-IS language does not protect against fraudulent concealment of defects you are aware of.
- 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 Wisconsin?
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. Always disclose known material defects — AS-IS language does not protect against fraudulent concealment of defects you are aware of.
Does Wisconsin lemon law apply to my private Tractor sale?
Wisconsin lemon law applies to new vehicles from dealers — not private used sales. An AS-IS clause in a private sale is generally enforceable.
What defects must I disclose even with an AS-IS clause?
Always disclose known material defects — AS-IS language does not protect against fraudulent concealment of defects you are aware of.
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 Wisconsin Bill of Sale with AS-IS Clause
Our bill of sale includes a properly worded AS-IS disclaimer for Wisconsin Tractor sales.
Create Wisconsin Tractor Bill of Sale