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MShore, Attorney
Category: Legal
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Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Is there such a thing as "as is" in a contract. In CA this

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Is there such a thing as "as is" in a contract. In CA this means if you buy something "As Is" it cannot be returned.
Is this the case in Oklahoma?
Thank you for the post, I am happy to assist you by answering your questions. Yes, there is an "as is" contract. The enforceability of an "as is" provision depends on the thing to be bargained for. What was purchased under the as is agreement?
Customer: replied 3 years ago.

a Power wheel chair for $4000


 




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Thank you Gene, was it purchased and delivered in CA? If yes, did you have the ability to see it before purchasing it?
Customer: replied 3 years ago.

No, I am selling it and this person in Oklahoma wants to buy sight unseen for $4000. She has agreed in a text to buy this"as is". Does the"as is" law apply to this contract if is shipped to Oklahoma. It will cost about $2500 to ship it and I don't want her to say she wants to return it and get her money back.


 




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Thank you, XXXXX XXXXX nature of the sale is legally enforceable in Oklahoma but to protect yourself against what could be a frivolous suit, you should have the buyer affirm his/her understanding that the sale is "as is" and there are no refunds, and the seller should therefore carefully consider the purchase and that you are happy to provide additional images or details regarding the wheelchair before purchase. IF you do this and the buyer purchases the wheelchair, so long as the condition of the wheelchair is as it is described when the buyer receives it, the buyer would have no recourse. Please let me know if this does not answer your questions or if you have any follow up questions. If I have answered your questions please positively rate my answers.
Customer: replied 3 years ago.

If the chair is working properly when it is picked up by the transporting people and for some reason it is not working when it gets there, where do I stand with the "as is" agreement.




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Your contract would need to specify that the buyer is responsible for arranging delivery of the item, you can offer to carry out the seller's wishes (e.g. if the seller wants to arrange for UPS to deliver it, you can arrange for a UPS pickup from your home or place of business), but make sure that the UPS carrier inspects the wheelchair before it leaves your possession. If you arrange for delivery and the item is damages in transit the seller could void the sale and demand a refund.
Customer: replied 3 years ago.

The buyer has tyold me that She is sending $6,590 and for me to take $4100 ($100 for my trouble) and she will give me the name and address of the shipper and she wants me to pay them $2,490 out of the check she is sending me. Is this a problem, Or do I have her set up the delivery on her own.


 


I am skeptical because, this women is spending $6590 on something she has not seen.


 


The fact is, that the machine may have an intermittent problem that sometimes appears rarely. If I make her aware of this and she still


agrees to buy it "as is", then if something happens can she return it?


and who will have to pay the shipping?


 


 




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Have her set up the shipping on her own, and have her expressly agree that it is an as-is purchase with no refund, including on account of damage in travel due to her shipper's act or omission.
Customer: replied 3 years ago.

She has told me that the check is in the mail and she has instructed me to do what I told you. So you are saying that I should send the check back to her and have her set up the shipping arrangements and have her agree that this is a "as is" sale with no returns even if it gets damaged in transport.




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Yes.
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX much better. I will do what you suggest. Gene




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Thank you Gene, please remember to positively rate my answers and best of luck with this matter.
MShore and 6 other Legal Specialists are ready to help you