What do they consider as "used"

Remind me to bring my camera to work tomorrow. Near our building there is a big black town car with a for sale sign on it. On the back window is written the words "New Condition!" Fine. But then you walk around to the driver's side and the entire window is smashed in and the hole is covered with black trash bags and duct tape. NEW CONDITION!? What would it take for the owner to consider it "used" or "sold as is"? Hopefully the car will still be there tomorrow - GEE, hope no one buys it before I can take a picture. That'd be a shame.