As-Is, What does it mean?


This seems like a very basic question, but a friend and I got into a disscussion over a espresso machine I bought at a flea market. I suppose this same question could apply to audio buying as well.

Say, you ask a person several questions about a product including "does it work" and each and every question is answered to the effect that what they are selling is working and perfect. Just before money changes hand, the seller says "this sale is as-is". You go home and try the product and it is DOA. Can his "as-is" statement cover him if he lied about everything? I mean, say the seller was taken in to court, who do you think would prevail legally?

thanks
128x128justlisten
When somenone says, "As is", I ask him what he is representing. If he says nothing, wish him good luck.

As is means no warranties express or implied unless agreed to by the parties prior to the transaction. But, it doesn't prevent you from requesting a representation that the unit actually works.

Bill E.
Well, I should clarify the situation. I found a vintage Lever type espresso machine at a flea market. I asked the seller several questions, he was adamant he sells only working good products. He grabbed my arm, and says trust me, "what I sell is good, I dont sell broken things. I test everything I sell here" (FYI, he sellls "nicer" things in this flea market) The interesting thing that after a deal is stuck, and after you spend minutes of questions and him assuring you he things are good, he tells every person "as-is" sort of in passing, once the money is changing hands. I happened to "luck" out that both things I bought from him, (espresso machines) work, but I posed this query to get others opinions, on the duties of sellers in terms of obligations on the stated condition of a product. I am full aware of "buyer beware" but it seems to me "as-is" cannot be regarded as binding if the seller willing misrepresents the condition when asked specifically about something and the seller replies with an affirming response.

In my opinion, in the proper context " I havent tested this unit, and it is being sold as-is" would indeed be a final sale, but "yes it works perfect, I guarantee it, I used it this morning, it is sold as-is" would not.
Try to get the "AS IS" part in writing. Then you have something. What exactly I don't know. But at least it's better then nothing:~)
When I purchase things online, I usually ask specific questions in emails about the condition or functionality of the unit. When there are written representations about the purchase, those will likely supercede a more general "as is" type statement in the ad. Of course, if someone states that it has not been used in years, or a channel is blown, etc. and the product is being sold "as is", well, you should expect that you may have to fix things. For example, I sold on old circa 1975 Luxman turntable. I had not used it in 10 years and did not even have a phono preamp to check it out. I sold it "as is" because I had no idea what the functionality was, other than that it turned on and seemed to hold a correct speed according to the strobe. I explained that to the buyer. DOA is a different problem. Something could function great and after shipping with UPS, not have a chance of working. That is what insurance is for!

Of course, the downside to the whole issue is that if misrepresentations were made, and you live in California and bought something from Virgina, it would be very difficult to get an enforceable judgment and collect on it anyway.