## Facts

- Bryon Moore, a Michigan resident, traveled to Ohio to buy a used 1974 Chevrolet Corvette from Pro Team Corvette Sales, Inc., a dealership.
- Moore signed a purchase agreement on October 17, 1994, and separately agreed to trade in his 1975 Corvette.
- When Moore attempted to register the vehicle in Michigan, he was informed that the Corvette had been reported stolen in Texas.
- Michigan State Police confiscated the car and returned it to Texas, leaving Moore without the vehicle he purchased.
- Pro Team relied on contract language stating the vehicle was sold “as is” and purporting to exclude “all warranties, including the warranty of title.”

## Issues

1. Whether the purchase agreement’s “as is” and broad exclusionary language was sufficiently specific under Ohio Rev. Code § 1302.25 (U.C.C. § 2-312) to disclaim the implied warranty of title.

## Decision

- The Court of Appeals of Ohio, Third District, reversed the trial court.
- The court held the contract provision lacked sufficient specificity to disclaim the implied warranty of title under Ohio Rev. Code § 1302.25.
- The case was remanded for further proceedings consistent with the appellate ruling.

## Legal Principles

- Ohio Rev. Code § 1302.25 (U.C.C. § 2-312) supplies an implied warranty that the seller conveys good title transferred rightfully, meeting a buyer’s basic expectation of “good, clean title.”
- Excluding the implied warranty of title requires specific, unambiguous language that clearly informs the buyer that the seller is conveying only whatever interest it may have, rather than guaranteeing valid title.
- General “as is” clauses and broad boilerplate disclaimers of “all warranties,” even if they mention “warranty of title,” may be ineffective if they do not clearly describe the limited nature of the title being transferred.

## Conclusion

The appellate court held that a used-car dealer’s broad “as is” and “all warranties, including the warranty of title” disclaimer did not specifically exclude the statutory implied warranty of title, reversed the dismissal of the buyer’s title-warranty claim, and remanded for further proceedings.


Moore v. Pro Team Corvette Sales, Inc., 152 Ohio App. 3d 71, 786 N.E.2d 903 (Ohio Ct. App. 2002)