"As-is" seems to be a very maligned term in real estate these days.  A quick search for homes in Waldorf and Charles County shows a slew of properties being sold "as-is".  On the surface, the concept is simple; the owner is not making any claims regarding the condition of the property.

    In reality, it's a bit more complex than that.  It seems that everybody wants a home that needs little to no work, and often those "as-is" properties seem to need something, but the seller isn't interested in addressing those concerns.

Am I Allowed To Get an Inspection?

Home_inspection     Rule #5 of buying a home:  ALWAYS GET AN INSPECTION! "As-is" does not necessarily mean the house is in terrible shape, nor does it mean you cannot have the house inspected.  Think of it this way: 

What would happen if you bought a home "as-is", without inspection, and found out later all of the wiring was shoddy and the plumbing leaked throughout?  Now your walls, ceilings, and carpets are ruined because of the water damage and the house is a 3-alarm fire waiting to happen because of bad wiring.

    In Southern Maryland, you have the RIGHT to get a home inspected.  In fact, if you choose not to inspect, you should be required to sign a waiver stating that you had the option, and decided against hiring an inspector.  Why?  Because your agent needs to cover their you-know-what!

Will The Seller Make Repairs?

    Here's a tricky situation, particularly in regards to foreclosures.  The short answer is: NO.   The more complicated response is that IF the situation is right, you might be able to get some work done by the bank, or perhaps get an escrow credit to pay for the work. 

    There are a lot of determining factors involved in getting that done, and you need to have a Realtor working on your side, representing your interests, who has experience in negotiating with bank owned properties.

How Do I Avoid Buying A Basketcase?

    First and foremost, make sure you have your own representation!  This means that your Realtor is working for YOU, not the owner!  You should have experts on your side who have seen the pitfalls and know exactly what to avoid and when they are looking at a great opportunity.  As a matter of fact, I happen to know a really great team of people.... (wink, wink :-) )

    In all seriousness, it's my opinion that ANYTHING is negotiable, even if the official line states "as-is"!  The  other key thing to bear in mind is that you should have the right to a home inspection, and by all means, make full use of your rights!

~Jonathan Benya
Century 21 New Millennium
9405-A Chesapeake St.
La Plata, MD 20646
301-653-8116
301-609-9000
http://www.teambenya.com

 

6 Comments on What Does "As-Is" Really Mean in Real Estate?

JUL
28
2008

I definitely agree.  The bank didn't live in the foreclosure and the people they displaced weren't happy campers or spending tons of money on maintanence either.  Hire a pro!!

10:47am • #2

Great post Jonathan. What does "as is" really mean? Most would reply in short with "P.O.S." or "cheap seller" or "TLC is an understatement", but the truth is that there are some great deals to be had with homes sold as is. Like you said, ALWAYS get an inspection no matter what. I have seen homes where sellers market them AS IS to avoid making any repairs, but do not realize that the issues are not as serious as they thought. The buyer can take full advantage of this knowing that most as is properties are sold at a reasonably discounted rate. Bring your handyman, make the needed repairs and have yourself a great house. If the foundation is sinking or the electrical looks like it is about to set the place on fire, that is a different story :-)

10:49am • #3
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I've had several listings I did 'AS IS' with the statement in the additional remarks section that any buyer can have any inspections for 'informational purposes only'...These are houses that need WORK but the seller is doing nothing at all...They were all purchased by folks who knew what they were looking at in the first place before making an offer...I also had one other with an out of state owner acting as executor who had no knowledge of the property and didn't want to spend estate funds to repair anything...That home was actually in very nice condition...Hope this helps.

10:54am • #4
300,286 Points 27 Featured Posts Outside Blog Hit Router

Jonathan -

We always propose a home inspection - especially for as-is or rough-condition property. 

In theory, an inspection of an as-is home is a thumbs up/thumbs down proposition.  However, if the inspection yields some serious defect, we have often asked the seller for remediation, and have sometimes gotten it.

You need to explain to your buyer, however, that they will quickly be asked to make a yes/no decision if the seller refuses to repair or give credit for remediation.

Buying as-is may have some post closing consequences as well - especially for latent material defects.  Check with a local RE Attorney for his advice, and discuss with your client accordingly.

My two cents, anyway!

DEAN & DEAN'S TEAM CHICAGO

10:54am • #5
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Excellent comments!

 

It's important for people to understand that As-IS does not necessarily mean it's a dump.  often times it may just be little details that are cheaply and easily fixed that the owner has no interest in doing.  It just underscores the NEED to inspect and be cautious when buying an as-is property.

11:02am • #6

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Southern Maryland Real Estate~ Jonathan Benya

Waldorf, MD

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Century 21 New Millennium

Address: 9405-A Chesapeake St., La Plata, MD, 20646

Office Phone: (301) 609-9000

Cell Phone: (301) 653-8116

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