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
I believe that in California at least, there is a "good faith" law that requires the seller and buyer to conduct their transcation based on some measure of trust and truth. Clearly, if the seller indicates that an item is in perfect shape, and it doesn't work at all, he is not bargaining in good faith and its likely that regardless of the as-is part of the contract, the buyer would have a case against him. I'm not an attorney, but I've heard this idea of good faith mentioned a few times and assume there's something behind it. It would be useful to hear from folks acquainted with this particular part of the law and get the real story.
Ken
Kjg,

I am in California as well, and you summed up my question and the idea of this post with the "good faith" theory. If a seller acts in "bad faith", does the AS-IS apply?

I once sold a preamp thru a newspaper classified (in the good ol days) and the buyer came to my house and spent over
2 hours testing and restesting that it sounded fine and worked well...I usallly didnt write up a bill of sale, but with this person I did and had him sign that this sale is "AS-IS, final sale"\
Standard ripoff language, w/tubes in particular. If seller describes "as-is", assume the worst.
I have always wanted everyone to be pleased with items that I sell and I guarantee each and every one to be exactly as described in my ads. A few time I have taken things back that were exactly as advertised simply as a good will gesture; audio components come and go, one's reputation is forever. If I ever sold a broken unit I would sell it as a parts unit and price it accordingly. I would not purchase any "as-is" gear unless it was priced as a parts unit. Caveat emptor!
This is a response to the question posed by Kjg. In California (where I live) there is implied in every contract a covenant of good faith and fair dealing. Simply put, when two people enter into a contract, the law presumes an obligation on each party to act in good faith towards the other. Thus, you cannot say that the amp is working well when you know that only one channel is working well. This is merely another way to say that parties to a sale cannot lie to each other about the subject of the contract. If the unit is sold "as is" and there are no representations made about its condition, well, that is your problem for not asking about it. But if you ask about it and are lied to, you have a legal action regardless of the "as is" statement.