Morris v. Mack's Used Cars

824 S.W.2d 538 (1992)

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Nature of the Case

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Facts

Mack’s (D) sold a pickup truck to Morris (P). The bill of sale contained a statement immediately above the purchaser’s signature that “This unit is sold as is. No warranties have been expressed or implied.” At the time of sale, the truck had been wrecked or dismantled and was a reconstructed vehicle according to the law. D knew this but did not disclose this to P. P got the information 3 years later when he received the certificate of title after paying the truck off. A reconstructed vehicle losses 30-50 percent of its value. The buyer wanted to sue the seller, and the issue was the scope of an 'as is' disclaimer of warranties under the UCC vs. the Consumer Protection Act. The trial court dismissed the claim because of the “as is” clause and the Court of Appeals affirmed. P appealed.