"As is" is a term that is mainly used in warranty law to disclaim the seller’s liability and fault for any items that they sell. The buyer who takes an item “as is” accepts the buy in the condition that it is and the seller is released from all liability. This term clarifies that there is no written or verbal warranties that is made to the buyer by the seller. "As is" does not release the seller from liability if the seller used misrepresentation or fraud to induce the sale.
What Kinds of Products Are Sold with This Disclaimer?
- Garage sale and other second-hand items
- Damaged items
- Crafts and art
- Anything else expressly given the “as is” qualification
Does Product Liability Law Apply to “As Is” Products?
Product liability is the area of law that attempts to recover losses associated with defective products, but generally does not apply to "as is" products. It is the duty of the buyer to evaluate the product before the sale is completed and understand that there are no assurances or warranties.
Are There Any Exceptions?
Some “as is” products may still be covered by a manufacturer’s warranty. For example, if you bought a car with a transferable 10-year/100,000 mile warranty and it is only a year old with 2,000 miles then you would most likely still be covered by the auto manufacturer’s warranty.
"As is" also does not release the seller from liability if the seller used misrepresentation or fraud to make the sale occur, nor does it disclaim any express warranties that the seller made in his or her description of the product. A product can be purchased “as is,” but if the product does not conform to the description that the seller rendered to the buyer before purchase, the buyer has the right to reject and return the product.
Do I Need a Lawyer?
As stated above, a seller may still be liable for harm that the product causes you even if you did buy the product "as is." Contacting a personal injury lawyer is the best way to figure out if you do have a case against the person who sold you the defective or dangerous product. A lawyer will be able to evaluate whether the seller acted wrongly in selling the product to you, and they can represent you in court if you end up suing the seller.