If I sold an antique slot machine “as is”, should I have to refund the money if the buyer isn’t happy?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption