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The Concept Of AS IS Purchase Contracts Eludes Buyers To Their Detriment

By
Real Estate Agent with Keller Williams Realty 0575737

Run Down HomesSome buyers thanks to agents who do not educate them well enough get in trouble. Some agents are not educated as well and have to learn the hard way. Take an AS IS contract. Whether by addendum in some states or limits on dollar value for repairs from inspections and time frame to identify repairs, a house, particularly an older one will be sold AS IS.

It helps to not have endless repairing for the Seller's part.

If an eleventh hour SOMETHING is found that a buyer doesn't like for example on a walk through and he WALKS from the closing table, much can be flushed down the toilet. Appraisal and loan app fees, most importantly EARNEST MONEY. The buyer needs to know the house is sold AS IS, get a discount up front on the price and BUY the house.

Those that walk, well they have a surprise coming outside inspections and agreed to repairs, that THEIR wallet just got lighter

   FOR NOTHING.

Agents need to very clearly advise buyers what AS IS means. Often title company officers know what this means and agents don't. You have quite a mad buyer once he figures his earnest money is gone.

Cherise Selley
Selley Group Real Estate, LLC - Colorado Springs, CO
Colorado Springs Realtor

Gary,

The AS IS purchase seems pretty clear, though most buyers still want something for nothing, especially the Gen Xers, for what I've observed of our brokerage's clientele... g

Aug 04, 2011 09:31 AM
Brian Sharkey
SharkeyRE LLC - Singer Island, FL
SharkeyRE

In Florida the As-Is provides more of an exit for buyer leaving sellers hanging.  I find it useful to know the agreements better then most, I advice new and old timers to continue to review the forms we use on a regular bases.

Aug 04, 2011 09:34 AM
Susan Mangigian
RE/MAX Preferred - West Chester, PA
Chester & Delaware County Homes, Delaware and Ches

Here, at least in my mind, "as is" means just that.  You can have your inspections within a certain period.  This is for informational purposes only.  If something is more than you figured on, you can walk during the contingency period.  If you don't walk, you accept the property "as is".

Aug 04, 2011 09:40 AM
Don Sabinske
Don Sabinske, Sabinske & Associates Inc. - Zimmerman, MN
Sabinske & Associates Inc.

Interesting.  I thought most agents were at least familiar with this scenario.  Although, in Minnesota, as-is can usually only apply to Banks (Investors).  And, even then there is some close scrutiny. 

Aug 04, 2011 09:41 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Had a buyer's agent recently send me a list of repairs items on an "as is" contract.  When I reminded them of the contract terms they said...but my buyer is fill in the blank.  Sorry your buyer may want the seller to cough up a bunch for repairs but it isn't going to happen.  They backed off quickly but there were a few moments of oh &^%% what is going to happen now.

Aug 04, 2011 09:44 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Boy howdy, Gary, you can't say this LOUD ENOUGH. I am suggesting! There are SO MANY terms in real estate that the common consumer is not aware of or educated about and that makes for another reason why you need to pick a good and ethical realtor who will educate you and protect you start to finish.

Aug 04, 2011 10:11 AM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate
Gary,

In Maryland, all contracts are as is, since the seller is not required to make any repairs. If they don't though, they do that at the risk of the buyer backing out of the contract.

Rich

Aug 04, 2011 10:22 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Gary,

We’ve lost two important skills.

"Verbal staging" where a salesman paints a picture in the buyer’s mind.

And, taking personal responsibility for the opportunities we seek.

It’s sad agents don’t sell much, they simply take orders.

Consumers want everything guaranteed, they want the opportunity, but are not willing to take a risk.

Even sadder FHA 203k offers the opportunity to turn that fixer-uper into a palace as soon as you close with one very affordable loan.

All that being true, why not borrow tires and wheels and have that trailer hauled to the dump?

Bill

Aug 04, 2011 11:08 AM
Loreena and Michael Yeo
3:16 team REALTY ~ Locally-owned Prosper TX Real Estate Co. - Prosper, TX
Real Estate Agents

Texas buyers need to understand that our 1-4 resale promulgated contract is also an AS-IS contract.

Aug 04, 2011 11:31 AM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

Gary: Must be a hot topic, I just made a comment on a post about this. I always ask for repairs on "As Is", but I do educate the buyer that we may not get them.  After the inspection if you get all of the estimates in writing it actually can be successfully done, but again the key is to warn the buyer that they may not get them...I've even done inspections before the buyer transfers their earnest money.

Aug 04, 2011 03:16 PM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

There is a lot of mis information on this point.  In Minnesota, AS IS still does not let the seller off the hook for disclosure.  Except banks of course.

Aug 04, 2011 03:20 PM
Kelly Young
The Platinum Group Realtors - Colorado Springs, CO
Colorado Springs Real Estate ~ 719-226-0126

Gary, great write-up on a very important topic. If the buyer is not aware that they can lose their earnest money to me we, as agents, especially their agent, have missed the mark in a big way. Continuing education offers a lot in terms of how to be a better Real Estate agent/broker but this to me is real estate 101.

Aug 04, 2011 05:26 PM
William Johnson
Retired - La Jolla, CA
Retired
Hi Gary, this is great topic and enjoying the many different kinds of responses from the various states.
Aug 04, 2011 07:29 PM
Laura S. Baker
First Weber Inc - Lake Mills, WI
Realtor (920) 728-4118, First Weber Inc

Oh "As Is" is a dangerous world!  This reminds me of one of my rehabs,.....

Aug 05, 2011 08:34 AM
Eileen Hsu
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

hello Gary, most of Manhattan New York contracts are "AS IS", since most of the sales here are condos or coops, the inspectors can only access within four walls. So, most of the buyers are well educated with the condition and the terms of the contract here.

Aug 07, 2011 04:10 AM