If the statement is not a warranty, the only express warranty is that the goods are an automobile. Under the facts as stated by the mechanic, the seller would not have known that the part might fail. The contract has allocated all risk to the buyer. Under present law, that allocation of risk in not unconscionable under the circumstances, although court could imply that a purchaser is entitled to a reasonable level of performance. In La Vere v.
Terry is unlikely to succeed on a tort theory.
If the disclaimer is set aside and Terry is able to prove that the warranty was given, there is a breach of warranty. Terry would not recover attorneys' fees. But the FTC Act does not permit private actions. To obtain private relief, Terry may pursue a claim under a Consumer Protection Act. Most CPA's permit the recovery of actual loss or minimum damages, punitive damages, and reasonable attorneys' fees.