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

Showing 1 response by kjg

kjg
171 posts
 
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
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