Recent content by kbarb

The final report : So after dickering with the guy for a while, basically getting blown off, I had to start a Paypal Resolution process. I kind of threw the book at him, detailing everything, knowing it was all going to be read by the Paypal arbitrators if necessary. I think he looked...

Ok. I just meant that as an "other things being equal" question. Other things being equal, if the description says the phone will "sync with a pc" (in this case) and the user has all met all the requirements for that feature to work, but there is a hardware defect which prevents "sync with PC"...

After looking at the Ebay ad again I realize I missed that the generic description included in its feature list - the feature that's defective in my phone (ability to sync to computer). This constitutes representation of usable functional features it would seem. So would you agree then, that...

[ I made a couple edits right when you were posting, but I don't think it signifcantly affects your interpretation. ] Ok, thanks for your feedback and opinion. I'm seeing your point . . . trying to banish the connection in my brain ;) It is going to be interesting if I end up with Ebay...

Ok, thanks, this is more of the clarification I was looking for. A bit unexpected though. I ran it by my brother who has been an attorney for quite some years, and both of us are of the opiniion that if the seller actually knew that something was defective, but didn't disclose it, the "as...

Ok, let me ask the question in a simpler fashion. I'm trying just to ask a legal/theoretical question, not a "how to pursue this" type of thing. If a private seller sells an item with prior knowledge of significant functional defect (s), does not disclose this, but has tacked on "as is" in...

We're not getting off to a good start - you're calling me a fool from the outset ;) I'm asking this from a legal point of view of course, not as a matter of prudence.

My jurisdiction is: California I bought a cell phone on Ebay from an individual and it seems that it is defective. The seller wrote a description, and tacked on "as is" at the end - something very common now on Ebay sales as generic protection. Does an "as is" statement provided by an...