As Is

 

Today I want to discuss what I think it is a relatively simple concept, but may be difficult for some, even an attorney who might have once, over a decade ago won a prestigious award  for young lawyers.  That term is "AS IS."

As you may know, I volunteer in a thrift shop.  Everything we sell, from all the donations we receive, is "as is."  The items are not brand new.  They are not perfect.  That doesn't mean they aren't any good or worth something. They are sold "as is."  Buyers should go in knowing that. (After all you are shopping in a thrift shop!)  In some cases, particularly when we are offering higher end products, we will actually write on the price tag, "as is."

Such is the case of two designer purses that I purchased from there this summer.  (I'm a purse-aholic!  Don't look in my closet.)  They were reasonably priced (especially when you consider the name brand), but each had an "as is" clearly marked on it.  One had a broken zipper on the inside pocket that would be difficult, if not impossible to replace, and the other had a zipper that wouldn't unzip all the way.  To me it didn't matter.  The price was right and I could live with the inconvenience.  I didn't ask the shop to fix the problems or lower the price because I accepted them, "as is."  I have used both purses and love them.

Now, let me give another example, this one totally imaginary.  Say I had an old car.  The car had "been around the block".  It had dents and dings.  The upholstery was damaged.  The inside smelled like McDonalds french fries.  There might even be a stray fry hidden in the crevices of the back seat.  If I was selling this car "as is" and you wanted to buy it,  you'd have to take it "as is."  Maybe you could ask me for a lower price than I was asking because of the damage.  Maybe I'd negotiate.  Maybe I wouldn't.  However, if you REALLY wanted it, you would have to buy it "as is."  I would not have to fix the dings and dents.  I wouldn't even have to hunt down that stray fry and remove it.  IF you accept it, "as is" you get what you see.  I'm not hiding anything from you or lying.  I'm presenting it to you "as is" and it's up to you to decide if you will accept it or not. 

As an honest seller, you should be up front about "as is," providing the information that a buyer might need to know.  As an informed buyer, you need to pay attention to what "as is" covers and know what you are willing to accept as well as what you are not.  Don't make an offer if "as is" is not acceptable to you.  Don't waste your time, don't waste the sellers.  Because while $100 for a "damaged" item being sold "as is" might not be good enough for you, it may be good enough for me. 

So when making a purchase of an item that has been used, no matter what it is, you need to decide if you truly want it "as is."  If you don't, that's fine.  Don't make an offer and then renege on it.  If your "as is" purchase is one that requires legal representation, make sure that the person who represents you knows what YOUR wants and needs are; that you are "good" with the "as is" status.  Again, if you don't like something "as is," DON'T purchase it (or make an offer to purchase).  Walk away.  But if you DO, remember "as is" is "as is."

UPDATED NOTE:  As many of you surmised, this post had nothing to do with purses or cars (well not really), but something else.  What I can say is that after much compromise (mostly on my side), this matter has been somewhat resolved.  When all is said and done, you can count on another blog posts where names are revealed and all the details of the bullying will come out.  I will say no more now, but we all know karma can be a bitch