If I sold an antique slot machine “as is”, should I have to refund the money if the buyer isn’t happy?
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If I sold an antique slot machine “as is”, should I have to refund the money if the buyer isn’t happy?
I sold an antique slot machine on eBay as is/no refunds. The buyer picked it up but he didn’t get the result that he expected on the jackpot, so he took it apart. He claimed that there were several things wrong with it that I did not disclose. He filed for a refund stating I misrepresented it but Ebay ruled in my favor. Does “sold as is” and no refunds in my ad protect me from having to give a refund?
Asked on April 9, 2011 under General Practice, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally, when someone buys something "as is," the buyer takes the risk as soon as the sale is consummated--that is, once the buyer buys the "as is" item, it's his risk that it does not perform as hoped or has some other problem. However, there is an exception if the seller knew of defects but mistrepresented the item in some way--e.g. sold it as being in good working order; or in response to a question from the prospective buyer, said that it was good mechanical shape. If the seller knew and misrepresented, he may have committed fraud; and fraud would give a buyer the right to rescind the contract or transaction and get his or her money back. However, without seller knowledge or misrepresenation, there would be no fraud.
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