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Discussion Starter · #1 ·
Hello! Got an email today concerning the Acadia that I am in the works of buying. Now I have sent the money but haven't signed any paperwork yet. I got this email today from my salesperson.

there is a white paper in the envelope that requires two signitures...one says AS IS buyers guide ...what that means is that we do not warranty the vehicle...the manufacture does....just explaining before I get the call ...and the second one says...power of attorney...what that is ..is to take the Acadia out of our name and put it into your name[/color]

Ok, now correct me if I am wrong. The "As Is" portion of this basically means that the dealer itself is not responsible but can still make repairs? I am not sure how to take the "As Is".
Secondly, since I am not there (still in Korea for another 50 days) and the vehicle is on their lot, if the vehicle gets a scratch or gets hit does the Power of Attorney basically make them non responsible?

Thanks for any advice on the situation. I kind of blindly walked into a housing deal that I thankfully could back out of and it has made me super cautious when it comes to signing ANYTHING without getting some advice!
 

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That sounds really odd...Are these 2 papers only because you are not actually able to sign in the dealership?

Thanks for serving our Country! :cheers:
 

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I'm not an attorney & don't play one on TV, but will try & help you out:

1) As-is buyer's guide sounds like a standard form or "boilerplate". You should have it or a fax copy to review and ask questions about anything you don't understand. I think the "as-is" part is just the name of the document. You certainly have a warranty with the manufacturer, and the dealer is the manufacturer's agent to handle warranty claims. If the paperwork says something substantially different than that, you should ask some questions.

2) Power of Attorney allows another to sign your name as if you were there to close the deal. This form is usually notarized by you and given to the other party, in this case the dealer. Make certain it pertains to this transaction only, otherwise you could find you have bought several vehicles and another home, TV, etc.
 

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It is impossible to know for sure without seeing the exact language in the forms, but my guess is that "as is" means the dealer is disavowing any responsibility for any physical imperfections to the car. I don't think it would have an effect on the warranty, but there is no warranty for dings or scratches on the car. A Power of Attorney allows someone to act on your behalf. In this case it could allow them to sign paperwork on your behalf. The best advice I could give you is never sign anything without reading it carefully and fully understanding what you are signing. You should not hesitate to ask the dealer to clarify anything that you are not sure about.

Good luck!
 

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Discussion Starter · #5 ·
As soon as I get the paperwork I plan to take it to my legal office. One of the benefits of being in the military, free legal advise! I am hoping that the "As Is" doesn't apply to what might happen to the vehicle while it's waiting for me to arrive. I plan on having them send me pictures of the vehicle and if anything is damaged when I get there, well, they pay for it. Not me.
As far as the Power of Attorney, I have no idea why they need this. I have bought a few cars and never needed it. I really don't feel comfortable with the situation and plan to call the dealer tomorrow to find out exactly what is up.
 

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Discussion Starter · #6 ·
OK, got the paperwork today. Here is what the "As is" clause states.

"The buyer hereby accepts the following described vehicle in its present "as is" condition and waives all warranties including the implied warrant of merchantability and the implied warranty of fitness.
The entire risk as to the quality and performance of the vehicle is with the buyer and if the vehicle proves defective after purchase, the buyer and not the dealer, distributor or retailer assumes the entire cost of all necessary servicing and repair."

No I don't know about you but the highlighted part really concerns me. The vehicle is supposed to be covered under a warranty but if I sign this I feel I am voiding that warranty. What do you all think?
 

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Is the vehicle considered as being exported? I've heard of a "North America" warranty for some vehicles, maybe this has something to do with it. I'm still not 100% certain of the geography of your deal- you are in Korea for another 50 days, the vehicle is being sold where? Is it being shipped overseas or held for you in the USA?

I noticed the term "manufacturer" was omitted in the list of those not responsible for the vehicle (the dealer, distributor or retailer). Is there something else you have that indicates there is a manufacturer's warranty?

If this is a NEW GM vehicle, I would reject the deal unless there is something else provided in writing that substantiates that there is in fact a warranty for the vehicle, or a $10~15K price cut for any out-of-pocket repairs you may need to make for 3 years/36K miles.
 

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Discussion Starter · #8 ·
Yeah, I noticed that the manufacturer was omitted in the list of those responsible. But still, the paper says ALL WARRANTIES! This is a new 2009 Acadia. Has anyone else here who has bought a new vehicle had to sign such a thing?
 

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thenachobro said:
Yeah, I noticed that the manufacturer was omitted in the list of those responsible. But still, the paper says ALL WARRANTIES! This is a new 2009 Acadia. Has anyone else here who has bought a new vehicle had to sign such a thing?
As blue said, are they considering this being sent overseas? Do they think your taking it to Korea with you?
 

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thenachobro said:
Yeah, I noticed that the manufacturer was omitted in the list of those responsible. But still, the paper says ALL WARRANTIES! This is a new 2009 Acadia. Has anyone else here who has bought a new vehicle had to sign such a thing?
Yeah this sounds a little odd. I've never had to sign anything like this.
 

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I would never sign that type of disclaimer of responsibility. You should speak to some other dealers to see if this is standard when dealing with an overseas buyer.
 

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Discussion Starter · #12 ·
I spoke to the dealer and basically it doesn't void the manufacturer warranty. It just means that the dealer itself is not providing a warranty. As I looked at the bill of sale the exact same phrase in on it. On the back there is a part that says basically only warranties that are in writing (manufacterer) will be applied. Also, I am going back to the states so they aren't shipping the vehicle anywhere. I am just buying it from overseas so that it is ready when I get back and I don't have to spend extra time looking for a vehicle then. The Employee pricing was just icing on the cake.
 
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