As-Is, What does it mean?

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.

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.