Morris v. Mack's Used Cars

In September 1985, Mack's Used Cars & Parts, Inc. sold Darrell Morris a used pickup truck. The bill of sale, immediately above Morris's signature, stated: "This unit sold as is. No warranties have been expressed or implied." Morris traded in an older vehicle as a down payment and financed the balance over three years under a retail installment contract, with the certificate of title going directly from the seller to the lender. Unknown to Morris at the time of sale, the truck had previously been wrecked or dismantled and was a "reconstructed" vehicle under Tennessee's motor vehicle title statutes; Mack's knew this but did not disclose it to Morris. Morris sued Mack's for compensatory, treble, and punitive damages, alleging fraudulent concealment, breach of express and implied warranties under the UCC, and violation of the Tennessee Consumer Protection Act. The trial court held that the "as is" disclaimer insulated Mack's from liability, and the Court of Appeals affirmed.