2. misc-audio
  3. 993975357

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
evansdad
26 posts
 
Standard ripoff language, w/tubes in particular. If seller describes "as-is", assume the worst.
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moto_man
323 posts
 
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.
cornfedboy
1,645 posts
 
good post moto_man. you've reduced a complicated issue of the law of contracts to a simple, understandable english statement. bravo! i've nothing to add nor subtract. -kelly
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