And Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of And, written in plain English, along with examples of how it is used.

What is And?

adj. it is a used to disclaim liability for an item being sold or processed. Often used by brokers or a middleman in a transaction, the phrase denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists. This of course comes with the right of buyer to have a pre-purchase inspection and detemine the state to their satisfaction.

History and Meaning of "As Is"

"As Is" is a legal term that is commonly used in commercial agreements and sales contracts. This term implies that the item being sold is being purchased in its current state, and that the seller has no liability for any defects or issues that may be present. "As Is" provisions are often used to protect sellers from liability for unknown defects or hidden issues that may arise once the item is sold.

This term has a long history in the legal system and has been used in commercial transactions for many years. The use of "As Is" provisions in sales contracts and commercial agreements is a standard practice in many industries, including the automotive, real estate, and technology sectors.

Examples of "As Is"

  1. A used car dealership sells a car to a customer with an "As Is" provision in the sales contract. The customer later discovers that the car has a major mechanical issue, but the dealership is not liable because of the "As Is" provision.
  2. A company sells a piece of software to a customer "As Is". The customer later discovers that the software has a serious bug that causes data loss, but the company is not liable because of the "As Is" provision.
  3. A landlord rents an apartment to a tenant with an "As Is" clause in the lease agreement. The tenant later discovers that the unit has a roach infestation, but the landlord is not liable because of the "As Is" provision.

Legal Terms Similar to "As Is"

  • "No Warranty" - A similar provision that disclaims any implied warranties that may be associated with the sale of a product or service.
  • "Buyer Beware" - An old legal principle that places the responsibility on the buyer to inspect and evaluate the product before purchasing it.
  • "Voetstoots" - A similar provision in South African law that is often used in real estate transactions.