How have the courts interpreted "as is" on a receipt of a motorboat and trailer sale?
British Columbia, Canada
The following excerpt is from Whelan v. Labrecque, 2020 BCCRT 455 (CanLII):
18. The parties agree the respondent wrote “as is” on the receipt. I understand this to mean the motorboat and trailer were sold in an as is condition. Based on this, the respondent relies on the principle of “buyer beware”. This means that the buyer is required to make reasonable enquiries about the property they wish to purchase. This principle is subject to several exceptions, including fraudulent or negligent misrepresentation (see Nixon v. MacIver, 2016 BCCA 8 at paragraphs 32 to 33).
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