Pa. Porsche Store Prevails in Suit Over ‘As Is’ Used CarMay 25, 2015 – In The News
Adam Silverstein was featured in the Automotive News article, “Pa. Porsche Store Prevails in Suit Over 'As Is' Used Car.” Full text can be found in the May 25, 2015, article, but a synopsis is below.
The case in which a man named Brett Silver sued a Pennsylvanian Porsche dealership was rejected by a Pennsylvania appeals court.
The man had bought the used car without seeing it. The contract stated that the purchase of the car was “as is” while also claiming that it had no damage.
Representing the dealership, Adam Silverstein said that they offered to buy the car back as long as the money was put towards another one of their cars. Otherwise, they would buy it back at market value. Silverstein noted that, “Because Silver had the car for a certain period of time, there was a difference between the full purchase price and fair market value.”
Rather than taking either of these offers, Silver decided to sue. The trial judge and the three-judge panel agreed to dismiss the case.
Silverstein stated that this case should serve as a warning for dealerships, as he wrote in an email, “We cannot stress enough that the disclaimer-of-warranty and as-is language and integration clause must be conspicuous, clear and unambiguous.”
Dealerships that wish to avoid such cases, “must take the very simple action of reviewing its agreements, and if necessary, revising them to emphasize the conspicuous nature of the language,” Silverstein said. The money it takes to review/revise these agreements is significantly worth it.