Pub. 6 2016 Issue 4

9 the parties to the transaction and whether the dealership has or sought an unfair advantage, as well as the language of the “as-is” clause itself, including whether that contractual language is boilerplate in nature. Additionally, courts will evaluate what verbal claims or statements were made by deal- ership personnel in connection with the “as-is” vehicle sale. Importantly, dealerships cannot fully insulate themselves against liability for purchasers’ claims simply by affixing the Buyers Guide “as-is” sticker to the vehicle window or by including boilerplate “as-is” disclaimer language in their transactional documents. There may be exceptions to en- forceability of the “as-is” clause and a court may decline to allow the “as-is” disclaimer to negate a claim against the dealership. For all of the above reasons, cautious dealer- ships will ensure they employ best practices in the sale of all vehicles and their employees and staffs are regularly trained in these current best practices. Additionally, dealer- ships should consider undertaking a review with their legal counsel of the contractual “as-is” language and disclaimers utilized in their dealership contractual and transactional documents.  Julie A. Cardosi is Principal of the private firm, Law Office of Julie A. Cardosi, P.C., of Springfield, Illinois. She has practiced law for over 30 years, and represents the unique business interests of franchised motor vehicle dealers throughout Illinois. Formerly in-house staff legal counsel for the Illinois Automobile Dealers Association, she concentrates her practice in the areas of dealership ownership transfers (asset purchases and stock acquisitions), mergers and acquisitions, franchise law and franchise issues, factory relations, corporate law, add points, commercial real estate transfers, government regulation, advertising, and other issues impacting day-to-day dealership operations. She is also a former Illinois Assistant Attorney General and Deputy Chief of the Consumer Fraud Bureau of the Attorney General’s Office. Dealers may wish to seek the advice of their own counsel on the subject matter of this article. Close more deals in just a click for faster funding. Let’s start the conversation. www.cudl.com CLICK.