(Jul 22, 2008)

So you made an 'as is' purchase. And guess what? You've got troubles.

You want to rescind your deal and obtain a full refund from those awful folks who sold you that hot tub, chesterfield or musical instrument. Let's just pretend it never happened and start all over.

Well, I'm sorry. That's not likely to happen.

Let's be honest for a moment. Why did you make that 'as is' purchase? Was it really because you loved the colour of the couch? I rather suspect it had more to do with the price of the product.

Likely, that price was well below the regular retail value. You may have spotted one or two imperfections. But given the low price, you were more than ready to overlook them, at least at the time of purchase. You may actually have made an impulsive decision to buy ... because the price seemed so good.

More than likely, in your hurry, you never bothered to clarify what would happen should anything go wrong. What kind of warranty protection did you have?

Most consumers who make this type of purchase have done a little research on the product they wish to buy. They do know its real value. But they don't wish to pay that much. So they are looking, or even expecting, the same quality and performance for less money.

Is that realistic?

Are all the consumers who pay the full price for the same goods dumber than you?

Are you the only one able to ascertain the true value, declare it's considerably less than the advertised cost, make the purchase and expect to be treated just like the other folks?

I spend a lot of time listening to, empathizing with, and helping consumers who seek justice.

But over the years, I have also stressed the need for consumers to better understand their own behaviour and their spending habits. Ultimately, as with most things in life, what you do in the marketplace is your own responsibility.

You need to know what you're doing. And if you screw up, you need to take responsibility and acknowledge your own poor judgment. It is not all the fault of the vendor or retailer who sold you the 'as is' product.

A mother recently complained about a double-bass she purchased from a local music store. Since making her purchase on behalf of her teenage son, she had learned that the instrument was in less-than-perfect condition. The store had attempted some repairs, but the instrument suffered further damages.

"Surely, the fact they attempted repairs proves they knew there were problems at the time they sold me this instrument," she noted.

She did have pictures, which she alleged showed the condition of the instrument before and after the attempted repairs. But we have no way of proving when those pictures were taken.

And we don't know who caused the damage to the instrument. We were not a witness. Perhaps her son or some third party did the damages and not the store's service person.

The point is, you put yourself at risk when you enter into this kind of deal. There is an old adage that says: Pound foolish and penny wise. You can substitute dollars and cents here and I think you get the message.

You may think you are saving money by buying an 'as is' product. And sometimes you may get lucky. I have purchased a floor model television set at half the regular price. So far, no problems. I also purchased an extended six-year in-home warranty for it.

If you're honest with yourself, you should admit this is not always the best way to get what you really want. I am certain this mother wants her son to pursue his musical career and be the best musician he possibly can. And he requires the proper equipment to pass his courses and attain his dream.

'As is' deals, which sound so good, often end on a sour note.

If you have a consumer problem, call 905-526-4665 or e-mail

amacrury@thespec.com. Not all calls and letters can be answered.