In Kiewiz v. My Custom Shop, Inc. (2018AP2008), the Court of Appeals District II dismissed the plaintiff’s claims of misrepresentation and breach of warranty against the dealer from whom he purchased a truck.

After test driving the truck, plaintiff Kiewiz bought the truck from My Custom Shop for $3,800. My Custom Shop told Kiewiz it would repair parts of the truck it had installed based on the part manufacturer’s warranty. But the written purchase contract and the buyer’s guide My Custom Shop provided to Kiewiz clearly stated that the sale of the truck was “as is” and disclaimed any warranty.

Kiewiz experienced several issues with the truck and eventually asked My Custom Shop for a full refund. My Custom Shop refused, and Kiewiz filed the instant claims for misrepresentation, fraudulent practices, breach of implied warranty, and violation of the federal Magnuson-Moss Warranty Act. The appeals court dismissed all of Kiewiz’s claims.

On misrepresentation (Wis. Stat. § 100.18), the court found that My Custom Shop had performed reasonable inspections and made no misrepresentations in the buyer’s guide. Furthermore, Kiewiz failed to show that any of My Custom Shop’s representations led him to purchase the truck and thus caused him to incur a loss.

On fraudulent practices (Wis. Stat. § 218.0163), the court again found that My Custom Shop had taken reasonable care when inspecting the vehicle, so Kiewiz could not prove fraud.

On breach of implied warranty (Wis. Stat. § 402.314), the court found that the buyer’s guide and purchase contract clearly stated that the sale was “as is,” thus precluding any implied warranty.

On the federal claim, the court found My Custom Shop did not violate the prohibition against dealers disclaiming warranties and service contracts. The federal law prohibition applies to written warranties, and My Custom Shop provided no written warranty to Kiewiz.

For these reasons, Kiewiz’s claims were dismissed.