Boyd v. Steve’s Key City Auto

Plaintiff filed small claims case against used car lot, after she bought a used car "as is" for $2,600, but the car broke down and was inoperable a few days later. Court erred in awarding Plaintiff $1,500. Defendant's use of the term "as is" was sufficient to disclaim implied warranty of merchantability. Plaintiff has no claim for breach of contract based on a violation of an implied warranty where any such implied warranty was disclaimed. There can be no claim for revocation of acceptance based on a "nonconformity" that substantially impaired the value of vehicle to Plaintiff where Defendant sold car "as is", and a used car in "as is" condition did conform with parties' agreement. (HOLDRIDGE and McDADE, concurring.)