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Originally Posted by Skullkrusher
(Post 3469768)
You hired a licensed surveyor to inspect the boat, right?
Would have been money well spent. |
Originally Posted by CigDaze
(Post 3470786)
The Legal Definition:
"The term 'as is' gives notice to buyers that they are taking a risk on the quality of the goods. The buyer is free to inspect the goods before purchase; but if any hidden defects are discovered after purchase, the buyer has no recourse against the seller. Any implied or express warranties that usually accompany goods for sale are excluded in an 'as is' sale." -West's Encyclopedia of American Law, edition 2, 2008 The sad part is this usually scares me because I always seem to feel that there may be something more to it than it than it may be. I'm not implying that I felt they were lying, but I felt uneasy because of the disclosure. I've purchased and sold many many toys over the years and have never placed this in any of my ads when selling. See ya, Kelly |
Originally Posted by huskyrider
(Post 3471549)
This is the same mindset that I've always accepted to myself when I see that disclaimer in an ad of anything for sale.
The sad part is this usually scares me because I always seem to feel that there may be something more to it than it than it may be. I'm not implying that I felt they were lying, but I felt uneasy because of the disclosure. I've purchased and sold many many toys over the years and have never placed this in any of my ads when selling. See ya, Kelly |
Originally Posted by stevesxm
(Post 3471552)
the operative term in that definition is " hidden" . that is defined elsewhere as " unknown" . if the seller is aware of the defect and is obligated to disclose and fails to,, then he breaks the law. if he is in a state that does not require him to disclose but has knowledge and denies it then that is a willful fraud and is not covered by the " as is" covenant. once he is aware of the defect all he can hope is that you don't ask. if he isn't obligated to disclose in the state the sale takes place and you don't ask then you are on your own.
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Originally Posted by soldier4402
(Post 3471558)
The key is proof. Short of a confession, seller wins you have no proof
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Originally Posted by stevesxm
(Post 3471567)
of course... but you ask the question, he says " no" and you write in the bill of sale... " seller represents the boat free of rot" if he signs... great if he won't, that tells you everything you need to know. as i said earlier, just because the law is there to protect you, doesn't mean you can be stupid.
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I would advise you read this LOOOONG thread to get an idea of how much and how little "as is" can protect you. Happened in Tennessee, too.
http://forums.iboats.com/showthread.php?t=207127 |
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