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 individual selling an item - in this case on Ebay - completely protect them from all responsibility for known defects?
Is it not implied that items such as this are in general working order unless stated otherwise - especially if the seller has been an owner and user of the item? (This being different than a situation where a seller is just reselling items without any experience with them through personal use.)
If I am wrong, then a crook could make a good business selling known defective items, stating "as is", and using that as protection against returns and refunds.
To me this seems like fraud for non-disclosure.
I don't have an unresolved issue yet, and will take it up w/ Ebay if so, but I just need a general clarification on "as is" w/ respect to non merchant sales :
What constitutes fraud, and what can be disclaimed with "as is" .
Thanks for you're advice !
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 individual selling an item - in this case on Ebay - completely protect them from all responsibility for known defects?
Is it not implied that items such as this are in general working order unless stated otherwise - especially if the seller has been an owner and user of the item? (This being different than a situation where a seller is just reselling items without any experience with them through personal use.)
If I am wrong, then a crook could make a good business selling known defective items, stating "as is", and using that as protection against returns and refunds.
To me this seems like fraud for non-disclosure.
I don't have an unresolved issue yet, and will take it up w/ Ebay if so, but I just need a general clarification on "as is" w/ respect to non merchant sales :
What constitutes fraud, and what can be disclaimed with "as is" .
Thanks for you're advice !
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