Sales of used vehicles are considered as is. This means the duty is on the buyer to inspect the vehicle to determine any latent defects and it is not the duty of the seller. However, there are some implied warranties in an as is sale, one of which is the implied warranty of merchantability which says when the seller knows or should have known the item was not fit for its intended purpose, they would be liable. Thus, in order to recover your money, you would have to prove that the seller knew it was more than the battery that was the problem. This is going to be a difficult case, as the court will look at the fact that the purchase was made knowing the vehicle did not start and she would have to prove the seller knew it was more than just the battery.

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