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Portland Real Estate Questions: What is an "AS IS" Provision?

By
Industry Observer with RETIRED / State License is Inactive Inactive License Oregon

Portland Real Estate Questions: What is an "AS IS" Provision?

The AS IS provision (or clause) is typically found in most real estate purchase contracts.

" 'As Is' denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent. This is the classic buyer beware situation, where the careful buyer should take the time to examine the item before accepting it, or obtain expert advice." ~~ Wikipedia

With our local standards of practice*, the AS IS provision is clearly written in the Sales Agreement we prepare on behalf of our buyer clients.

It reads:

"AS-IS": Except for Sellers' express written agreement and written representations contained herein, and seller's Property disclosures, if any, Buyer is purchasing the Property "AS-IS," in its present condition and with all defects apparent or not apparent."

The AS IS provision DOES NOT negate the rights of the buyers to have the property inspected.  Repair requests can be negotiated with the sellers, even with an AS IS clause --  but that's another topic for another post.

The AS IS provision DOES negate the buyers from making claims of them not knowing they are buying a property AS IS.

The AS IS topic came up recently when a buyer emailed me the following:  "This seems to be a bad faith negotiation, in my opinion, constituting an "as is" stipulation without making that clear at the onset."

Hmmmmmmm . . . it was.

When the offer (Sales Agreement) is written, it takes over an hour for me to discuss the contents of the contract with buyers.  I go over each important topic and what each provision means. 

The AS IS clause is always discussed in detail. 

Please pay attention.

 

*Please consult with a Realtor® in your area for local standards of practice. 

Read my previous articles:

This post is an entry in the FAQ Break Into Summer Organized challenge.
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Carla Muss-Jacobs has RETIRED effective May 1, 2018

Representing Buyers in the Portland Metro Real Estate Market | Clackamas Multnomah and Washington Counties | Since 1999

Carla Muss-Jacobs, REALTOR®, ABR, CEBA, ePro
Principal Broker/Owner ~~ INACTIVE

Carla Muss-Jacobs' retirement became effective May 1, 2018

Direct: 503-810-7192 

 

All Rights Reserved © 

Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

In Georgia our contracts have two choices... "as is" and "due diligence"  Of course I always advise buyer clients (with the exception of investors with cash who want to close super fast) to ask for 10 to 14 days of due diligence to get their inspections done.  Same goes as in your area... we are not prevented from "asking" for repairs, but sellers have no obligation to repair, buyers may walk and be refunded earnest money if repairs cannot be negotiated to both parties satisfaction.  I think you've inspired a post about our "due diligence" period Carla. 

May 14, 2012 06:40 AM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

I am continually amazed at how simple, declarative sentences can be so 'misunderstood". Should it take three pages of legal jargon to explain "as is"?

May 14, 2012 06:51 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Excellent description of 'as is' Carla.  Great FAQ!

May 14, 2012 09:28 AM
Francine Viola
Coldwell Banker Evergreen Olympic Realty, Olympia WA - Olympia, WA
REALTOR®, In Tune with your Real Estate Needs
That hyphenated phrase can scare off a lot of buyers. As you mention, repairs can still be negotiated. In all transactions, it's in the buyers interest to inspect the property to their satisfaction regardless if it is "as-is."
May 14, 2012 01:30 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Carla, great explanation for the AS IS condition of some properties for sale!    At least the buyers can do an inspection to know what to expect from AS IS!

May 14, 2012 11:41 PM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Carla, very good.  Our "As is" contracts in Florida have a "property inspection and right to cancel" clause which I make buyers and sellers read and acknowledge from start to finish.  And yes, you do have to ask people to pay attention when you over these things even when they are bored with the details or have places to go... a little time spent up front is a good investment.

May 15, 2012 04:37 AM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Carla, there are so many pitfalls with the verbiage in a real estate contract, it's really great that you spend so much time with clients and explain THOROUGHLY.
I always ALWAYS suggest an inspection....even when someone does their own remodeling, I STILL suggest it, because you can possibly (and legally)  use that inspection later as an impetus to rescind the offer.

May 15, 2012 07:45 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Carla, our boilder plate contracts were recently changed to incorporate an as is provision, but allowing for inspections and repair requests.  I think it's fair to say that if a seller has disclosed any sort of funkiness, it's bad form for the buyer to come back after the inspection with a request to fix it.  But when it hasn't been disclosed, it's pretty fair game.  So far, it seems to be resulting in many more inspection repair rerquests than the old system, whch required the systems and appliances to convey in working order. 

May 16, 2012 11:56 AM