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:
- Portland Real Estate Questions: What is an "AS IS" Provision?
- Portland Real Estate Questions: How Can I Find a Good Home Inspector?
- Portland Real Estate Questions: Will Sellers Do ALL The Repairs?
- Portland Real Estate Questions: Is This Property Priced Right?
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