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Posted By: warshawlaw

As-is does not prevent a fraud claim from being made nor does it prevent a breach of contract claim. It does NOT mean that the seller can sell you anything and call it something else or that the seller can offer you something that he knows is not real. It does mean that if you receive what was listed, you cannot complain about the condition of the house. This means that there are two scenarios where it comes into play and a refund should be expected:

1. Someone sells you a card "as-is", you expect to receive that card. If you receive something else, like a photocopy, reprint or cut out from a book, you have a claim for breach of contract if not fraud.

2. Someone sells you a card "as-is" but states that it is in excellent condition, then the thing arrives looking like it survived 9-11, you have a claim too.