Verdict, Award Challenge Car Dealers’ ‘As-Is’ Clause

A man who bought a used truck from a Portlandarea Chevrolet dealer, and later found it was not legal to drive, won a jury award of more than $1 million.

The case challenged the “as is” clauses that used car buyers sign, releasing dealerships from responsibility for problems with vehicles.

The jury determined that Carr Chevrolet of Beaverton had engaged in unlawful trade practices when the dealership sold Mark Parrott of Beaverton a 1983 Chevrolet Suburban that had missing vehicle identification numbers, missing emissionscontrol equipment, a tampered odometer and serious previous damage “branded” on the title.

The award followed a two-week trial in Washington County Circuit Court.

“The jury obviously felt we should have known the car had previous damage, and we did not know it,” said Wallace L. Prebel, the owner of Carr and former owner of Damerow Ford. “We’re shocked by the verdict.”

Parrott’s attorney, Michael C. Baxter, argued that Carr knew about the defects but didn’t disclose them. A used car salesman testified that anyone in the business would know the history of the truck just by looking at it.

“The car dealer wants ‘as is’ to mean ‘if we can pull the wool over your eyes, you’re had, this is our permission to commit fraud,”’ Terry Davis, Baxter’s assistant, said after the verdict.