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
Sounds as if you bought an espresso from a Lawyer. (just kidding!) Personally, would have to walk away from anyone who has to add this to a sale... Would tend to think there are strings/problems with product/seller if this is said. Best, Charlie
I guess who would win, is a moot point. The guy with the best lawyer usually wins; in the right or not. In today's business atmosphere "right" doesn't always prevail. This item wasn't damaged in transit, was it? I would take the expression,"as is" to mean no warranty, maybe some cosmetic flaws,or operational quirks, minor in nature; but definitely working. If the term precedes the condition; that is one thing.This, to me, describes something that needs fixing. When used as a tag line;I would assume; it works well enough. Some carefully applied feedback seems all you're left with.Under such conditions;to bad you didn't back out before the money changed hands;sorry,I'm sure you already know that.
When somenone says, "As is", I ask him what he is representing. If he says nothing, wish him good luck.

As is means no warranties express or implied unless agreed to by the parties prior to the transaction. But, it doesn't prevent you from requesting a representation that the unit actually works.

Bill E.
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.