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What Does "As Is" Really Mean?

Old 07-27-2020, 03:51 PM
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Default What Does "As Is" Really Mean?

I'm curious as to what "as is" means in the context of a purchase/sale of a used boat. Does buyer effectively waive any and all recourse to seller if something goes wrong with it? I just purchased a used center console that needs a new engine after the second use (blown cylinder). I'm assuming I'm SOL because caveat emptor and all, but I'm wondering if anyone has had a similar experience and was able to go after the seller for it?

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07-27-2020, 05:02 PM
PeteVB
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But you did realize the motor is 30 years old, that is well past it’s lifespan.
Old 07-27-2020, 03:55 PM
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As is , means once you sign the title or bill of sale, it is yours at that point. Problems and all.
sorry to hear the failure.
Most are as is whether stated or not , unless you have a signed agreement warranty or such.
I am not a lawyer or very educated in these things. Just my understanding.
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Old 07-27-2020, 03:56 PM
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it means exactly what it says.
You bought it.
You can't sue because it fell apart. What are you looking for ?
Old 07-27-2020, 04:16 PM
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did you get an engine survey? if not it is all on you. as is means it is yours no matter what happens
Old 07-27-2020, 04:20 PM
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Unless you can prove the seller intentionally hide a known substantial issue, it's your problem now.
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Old 07-27-2020, 04:22 PM
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Originally Posted by bigbill1963 View Post
did you get an engine survey? if not it is all on you. as is means it is yours no matter what happens
I donít think this matters either , still yours. Just a survey. They wonít accept responsibility either.
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Old 07-27-2020, 04:23 PM
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Like I said in the original post, that was my assumption - I was wondering if anyone here had a different experience, hence the question. Not unreasonable to think that there might be statute governing knowingly selling a defective item.
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Old 07-27-2020, 04:24 PM
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the only way around as is might be misrepresentation, failure to disclose or deception, negligence, etc

but ya, as-is, generally means: as-is

thats why its important to print out the listing, communicate in writing/via email whenever possible, get a material damage statement, service records, hire a surveyor, hire a mechanic, thorough sea trial, etc. you can greatly reduce your risk, but skipping any one of those, generally means you are taking on significant risk. you dont need a surveyor or mechanic if you know what you are doing and are well experienced but some still choose.

Last edited by mystery; 07-27-2020 at 04:34 PM.
Old 07-27-2020, 04:31 PM
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Default Hate it for you

Car, truck, boat etc sold as is, is just that when you exchange $ for the title/registration itís yours as it sits
now.

Sorry to hear of your troubles, are you sure the engine is blown? What make and model?
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Old 07-27-2020, 04:33 PM
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Yep. I had engine survey on Yamaha with 129 hours, checked out great. 2nd time out sprang a leak from valve cover gasket. He didnít get it hot enough to make it leak. Quick fix but I was still irate.

Originally Posted by Dacman View Post
I donít think this matters either , still yours. Just a survey. They wonít accept responsibility either.
Old 07-27-2020, 04:35 PM
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Originally Posted by nc_robbie75 View Post
Car, truck, boat etc sold as is, is just that when you exchange $ for the title/registration itís yours as it sits
now.

Sorry to hear of your troubles, are you sure the engine is blown? What make and model?
Thanks. 1990 Yamaha 115. Waiting for official diagnostic from shop but initial report is no compression in cylinder 4 and metal fragments when they scoped it.
Old 07-27-2020, 04:41 PM
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Can’t help with the question but I’m sorry to hear about your troubles. That’s really gotta suck.

Old 07-27-2020, 04:49 PM
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Originally Posted by VTXrider View Post
Unless you can prove the seller intentionally hide a known substantial issue, it's your problem now.

I would agree with this. Bought a used car years ago. Right afterwards found major engine issues. In small claims court was able to demonstrate knowledge and intentional deceit on the part of the seller,... I won.
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Old 07-27-2020, 04:51 PM
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It's all yours, problems and all.

Sorry it happened though.
Old 07-27-2020, 05:02 PM
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But you did realize the motor is 30 years old, that is well past it’s lifespan.
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Old 07-27-2020, 05:04 PM
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This question has come up multiple times on this board and this group doesn't seem to understand the concept of fraud. "As is" also means "As is represented to the buyer", you can't represent to someone the engine is working knowing it isn't. It might be impossible to prove but say someone left a shop estimate in the boat on accident from a week before they sold it with the detailed engine problems and in the ad it claims the engine is solid as a rock with no issues. This will result in a law suit being winnable against the seller in an "as is" sale.

However, in my experience right after the purchase is the highest percent time for someone destroying the engine so my guess there is alot people that feel like they were tricked but really they were the cause of the damage and just don't know they did it. In this case a 1990 engine... maybe he never ran it hard and as soon as you started it blew, who knows, it was just a different way of running it that could have caused this, I highly doubt you ran the engine with a cylinder down and metal shavings and didn't notice there was a problem and I'm not expert on this but I don't think there is any equivalent to saw dust in the transmission with this particular issue.
Old 07-27-2020, 05:23 PM
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I'm upfront and honest about every known defect to a fault however I always let them know that I don't have a crystal ball nor do I have any way of monitoring any usage after the _________ exchanges hands. As is to me means as it is now, not even ten minutes after you leave. I also offer up the option to do your due diligence (at your cost) and if you fail to do that, it's on you bud.
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Old 07-27-2020, 05:44 PM
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Be wary of legal advice from non-lawyers. As is likely means different things in different jurisdictions. In Florida, the seller in an as is transaction still generally has a duty to disclose material (especially latent) defects.
Old 07-27-2020, 05:48 PM
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Originally Posted by HOmer72 View Post
This question has come up multiple times on this board and this group doesn't seem to understand the concept of fraud. "As is" also means "As is represented to the buyer", you can't represent to someone the engine is working knowing it isn't. It might be impossible to prove but say someone left a shop estimate in the boat on accident from a week before they sold it with the detailed engine problems and in the ad it claims the engine is solid as a rock with no issues. This will result in a law suit being winnable against the seller in an "as is" sale.

However, in my experience right after the purchase is the highest percent time for someone destroying the engine so my guess there is alot people that feel like they were tricked but really they were the cause of the damage and just don't know they did it. In this case a 1990 engine... maybe he never ran it hard and as soon as you started it blew, who knows, it was just a different way of running it that could have caused this, I highly doubt you ran the engine with a cylinder down and metal shavings and didn't notice there was a problem and I'm not expert on this but I don't think there is any equivalent to saw dust in the transmission with this particular issue.
Look it is what it is and Iím a big boy so Iím prepared to take the hit if need be. Although I think itís highly unlikely that it blew on my 2nd use because of something I did to it putting around at 5 knots with my family for a couple of hours, but I suppose stranger things have happened. It sounds like unless I can prove that the seller knowingly misrepresented the state of the engine to me (an impossibly high bar), then like I thought, I am SOL.

Anybody looking for a 1990 Mako 191 hull????
Old 07-27-2020, 05:53 PM
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Did the engine run OK when you took the boat for a pre-purchase trial? If it was making funny noises then, it would have been a good reason to walk away - if it was running fine, unfortunately it's just one of those things - mechanical things can break without warning - sometimes just before you sell something, some times just after.

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