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Raleigh Real Estate - "as-is where-is" What does it really mean?

 

If you are buying a foreclosure, estate home or any home in need of some LOVE the odds are the property will be sold "as-is" and "where-is."

What does "as-is" mean?

Each "as-is" addendum reads differently. There are 2 types of "as-is" contract.

  1. Inspection period prior to going under contract.   ****Unless you are a professional I would not recommend this to anyone****
  2. Inspection period once under contract.  

            Now under this type of addendum. You the buyer still has retains the right to have the property thoroughly inspected. At the end of the inspection period you can either take it or leave it. This being said most often the bank will still negotiate for major repairs (Roof, HVAC, Mold, structural items) it depends if you want to continue. And unless otherwise stated in the contract the EM should be refunded to buyer if the buyer chooses to terminate the contract because of inspections.  *****Read all addendums thoroughly. No 2 addendums are alike and the addendums supercede the contract******

 

 "Where-IS"

This term is rather new to my real estate vocabulary. I first started hearing it 2 years ago.

"Where-is" means that you agree to purchase a property in the condition at the time of contract.

Meaning - If the property has a damaged front door at contract you agree to purchase the property wtih the damaged front door.

Also meaning - If a hurricane comes through between effective date and closing and rips the roof off of the home. The buyer does not have to buy the property because it is not in the same condition at the time of contract.

This is important to understand. Vacant homes are often vandalized. When seasons change vacant homes often have roof leaks that go undetected.

 

Even though you buy "as-is where-is" you the buyer still have rights.

When buying foreclosures, corporate properties it is imperitive you have a Buyer's Agent with experience.

 

UPDATE:::  This weekend I had to use this knowledge in order to be released from a contract. We had a downpour in NC on Friday. A vacant home had a roof leak that went undetected throughout the summer but the home has incurred a lot of damage. Buyers are moving to another property with zero hassle from the seller.

 

For a custom list of all current Foreclosure please visit www.RebeccaSavitski.com

 

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6 Comments on Raleigh Real Estate - "as-is where-is" What does it really mean?

Isn't that interesting?  I didn't realize that is the proper use of "Where is."  Thanks for something new today!

09/17/2007 10:17 AM by Virginia Halter Broker, ABR, CRS (RE/MAX Signature Properties)


Virginia,

This knowledge has saved my buyer over $10,000 this weekend.

09/17/2007 10:19 AM by Rebecca Savitski NC Real Estate Listings (NC List for Less Realty Incorporated)


Rebecca,

Great explanation of these terms - buyers looking at foreclosure properties need to be careful and make sure they know what they are getting into.  Glad your clients were able to use your knowledge to their advantage.

09/17/2007 09:57 PM by Rita Taylor | Sanford NC Real Estate & Homes for Sale in Sanford North Carolina (Strother Real Estate)


where-is?  Never heard of it.

In the California Assoc of Realtors, to my knowledge, as-is has no legal standing and everything has to be disclosed.  The association lawyer told my association not even to use it because it's meaninigless.  I thought that would be nationwide, but I guess I was wrong.  First time! :)

09/19/2007 02:17 PM by Hemet Home Loan Guy, Joey Aszterbaum (Patrion Mortgage)


IIRC, in prelicensing school we were told that "As Is" should be construed to extend to title also.

In other words, subject to all liens.

"As Is" is a scary and over-used term.

I prefer to see "Seller will make no repairs."

09/25/2007 09:53 PM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


Hi Rebecca,

I've heard "where-is" for years and always wondered about it.  I sorta thought it meant no warrenty made regarding encroachment or that sort of thing--makes sense. 

Thank you for the only to-the-point explanation I've found!

Patty Burlingame, St Thomas, Virgin Islands

 

 

 

 

 

08/26/2008 05:52 PM by Pattypan


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Real Estate Agent: Rebecca Savitski NC Real Estate Listings (NC List for Less Realty Incorporated)
Rebecca Savitski NC Real Estate Listings
Raleigh, NC
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NC List for Less Realty Incorporated

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