> If one 'traded' on Ebay, goes to pick the car up, and it's not as
> described then I would think the obligation or agreement is terminated.
(Almost) always a matter of opinion whether the car is "as described" ... if a
seller is dishonest enough to blatantly exaggerate the car's condition, then he
is not likely to admit he was lying.
> Simarily, if the item arrives by mail, and the item 'crosses' the
> description given, then does one have the right to return the item?
This is an even grayer area. The flippant answer is Sure, you can always return
the item, the question is whether the seller will refund your money or not. An
honest seller will state in the auction ... the phrase "as is" means you're
stuck with whatever you get. If not stated, then the usual assumption is "as
is", unless you live in a state with "implied merchantability" laws (like
California).
> Who pays the return postage?
That's for the seller and buyer to work out. Of course the threat of being sued
for fraud might persuade the seller to pay at least part of it ...
Randall
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