Jane found a truck for sale on Facebook marketplace. The seller of the truck states the vehicle had clean title, hadn't been in accidents, and was generally in good condition. After inspecting the truck, Jane decided to go through with the sale. The Bill of Sale said the truck was being sold $"$as is$,$ where is$."$ Three days later, Jane cannot start the truck, and her mechanic discovers a major flaw in the ignition system and latent transmission problems. If Jane is in New York, what will result in a lawsuit for breach of express warranty?

The was no breach of warranty, the car was sold $"$as is$,$ where is$."$

Seller's words went beyond puffing and thus constituted an express warranty, which was breached on discovery of defects that seller should have known about.

Jane is comparatively at fault, as she could have inspected the truck prior to sale, so she cannot recover.

Because the truck drove perfectly well for three days, there was no breach.

Seller's words constitute fraud in the inducement of sale.