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

Showing 1 response by 3ox

It could mean either of two things to the seller:

1) I know it works now, but if you break it, it fails, it doesn't perform as well as you had hoped or you just decide you don't want it, I dont want to hear about it after the sale.

2) I know it has problems but I don't want to admit them and don't want to hear about it after the sale.

But in either case...sale is final.

Most non-commercial sellers have no way to remedy problems (other than give back money) and have no control over the item after it leavs their hands. Thus, as-is. As always, it comes down to the integrity of the seller and the buyer. That can work both ways. Sometimes buyers "sabotage" gear so they can try to back out of a deal they have "buyer's remorse" on. One friend agreed to return money and take back a DOA preamp only to receive back a different, broken unit. Unfortunately, he had not recorded original SN, so he was out of luck. It's always more comfortable to be able to demo so there is no misunderstanding, but these days that's rarely possible.

To the buyer it means a value judgement, is the seller honest? If he is, you will probably not have a problem. But it is important to test and inform seller of problems ASAP. If you know the recipient has only had the unit for a day at the most, seller is more likely to believe it was DOA than if weeks go by.

At any rate, communication is the key. Let the seller know your concerns up front and agree to terms fair for all before pulling the trigger. If either buyer or seller feels uncomfortable with the deal, it's best to walk away.