As-Is, What does it mean?

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.

Were I come from ( Transylvania )a good sold "as is "
implies that the Seller carries no responsibility for the sold item, after the money changed hands. It also implies
that the product might be ( but not necessary is ) in a less
then perfect condition, including malfunctioning. This is
to be determined by the Buyer by carefull examination prior
to the goods/ money exchange. Logically, any discovered imperfection should be use as a bargaining tool by the
Buyer. As I said, this is in Transylvania, were in order to survive, people cannot aford to assume things, but have to
keep their eyes wide open...

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.

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"\