A Pennsylvania appeals court has rejected a lawsuit against a Philadelphia-area Porsche store for allegedly failing to disclose cosmetic damage to a used 2009 Ferrari 599 GTB Fiorano it sold for $232,631.
The Pennsylvania Superior Court ruled that the "as is" provision in the Ferrari's purchase agreement bars all claims by Brett Silver against Porsche of the Main Line in Newtown Square, Pa., including allegations of misrepresentation, breach of warranty and consumer protection violations.
Silver, a past Main Line customer, bought the Ferrari sight unseen in October 2012, according to the decision.
The suit claims Main Line's president, Robert DiStanislao, misrepresented the car's condition, including that it had no prior damage.
The purchase agreement stated that the vehicle was being sold "as is" without warranties and that the "purchaser will bear the entire expense of repairing or correcting any defect that presently exists or that may occur." The document included an integration clause specifying that the written contract "comprises the complete and exclusive" terms of the deal.
The same day that Silver accepted delivery of the car, he visited a Ferrari dealership to look at another vehicle, the decision said. An employee of the Ferrari store pointed out signs of damage to the 599 GTB's clear coat and evidence of repainting in several places.