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Re: [TenTec] How to sell an Omni VII

To: ken.d.brown@hawaiiantel.net, Discussion of Ten-Tec Equipment <tentec@contesting.com>
Subject: Re: [TenTec] How to sell an Omni VII
From: Richards <jruing@ameritech.net>
Reply-to: Discussion of Ten-Tec Equipment <tentec@contesting.com>
Date: Sun, 09 Aug 2009 22:44:05 -0400
List-post: <tentec@contesting.com">mailto:tentec@contesting.com>
You cannot make a specific representation... which is tantamount to a 
specific warranty... and then say "as is"  - that is a contradiction. 
You can be held to your specific factual representations - even if you 
later attempt to sell "as is" - you gotta do better than that to avoid 
liability for breach of warranty.

This is a very serious question and a good one!

The story about the purportedly "gutted rig" is way too common these 
days, and that is what trials are for - Sheesh... exactly what the 
original poster wants to avoid ! ...   But in my practice, one must wait 
for the buyer to sue, and then it is HIS burden of proof, and he will 
have grave difficulty prevailing - especially if you are careful and 
specify that any legal action will be in YOUR bailiwick !   (Yes... this 
can be done.)   Then HE must file the action, pay the initial court 
costs, and travel to your location to maintain suite.   Carefully 
drafting your "conflicts of laws clause"  is very important.



=============  Richards - K8JHR  ===================

Ken Brown wrote:

> Some people will give an accurate description of a rig, explaining that 
> it does work, but to protect themselves from dishonest buyers will sell 
> it "as is."
> 

now claiming that the
> person servicing it says the rig was "gutted" (or some such verbiage) 
> before he bought it, and the buyer is insisting that the widow refund 
> his money. No mention of even returning the radio was made. 

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