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What Does "As Is" Really Mean?

Reblogger Chuck Carstensen
Real Estate Agent with RE/MAX Results MN#20344949 WI#93113-94

 

There is often confusion with AS-IS sales. Its really for after the closing...but before the closing you certainly are able to do an inspection and see if you want to move forward.

 

 

 

Original content by Will Hamm

Why do Realtors feel compelled to throw out the "As Is" term when trying to get buyer's agents to limit the requests on inspections?

I am representing a buyer on a property that is 30 years old.  We offered the seller ALMOST full price for the property.  In fact, we came in at 98.5% of the asking price.  In today's market, I think that is a great offer.

I have been trying to schedule the home inspection with the listing agent and she keeps telling me that the home is sold "As Is".  I'm sorry, but for a property that is over $450,000, why would the listing agent or the seller think that my buyer would agree to an "As Is" condition?

I have been trying to explain to the other agent that the contract allows for an inspection of the property and we should get through that process before we make blanket statements about the outcome.  I am trying to play nicely.

My business partner, Belinda, doesn't always play as nicely as I.  She was very upset when she heard this and shot an email off to the agent.

Here is what her email stated:

Will keeps telling me that you are saying that the home in BLANK is sold As Is.I'm confused about this.  When did we ever agree to buy the home As Is?  It doesn't specify that in MLS and if it did we would have never written an offer on that home.It will be a miracle if there are no inspection items considering the age of the home.  Our contract specifies the right to have an inspection with a deadline and a resolution deadline for your seller.  The offer we made was almost full price.  At no time did any of us assume that the home is sold As Is. We will do the inspection and let you know if any issues arise. If for some reason BLANK refuses our right to have the inspection done, I feel certain that my buyers will cancel the contract and move on.

I love working in a team because there are many times when one of us needs to be the bad guy.  Glad she took the black hat today and wrote this email. 

Of course, the agent called me to complain and whine a bit, but I told her to hang loose until we actually perform the inspection. 

Every day is a new challenge in the world of real estate!

 

Will Hamm
Cornerstone Homes Realty
Metro Brokers Marina Square
HammHomes@aol.com
303-358-1147

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Chuck Carstensen is a Realtor with RE/MAX Results in Elk River and Cambridge, MN.  Helping buyers, sellers and investors in great Minnesota counties like Sherburne, Isanti, Wright, Anoka, Chisago, Hennipen and Mille Lacs. He is a Certified Distressed Property Expert (CDPE).

Contact Chuck by emailing him at chuck.carstensen@results.net or by phone at 612-290-3809. 

 

Aida Pinto
Independent Real Estate Broker - Los Angeles, CA
Real Estate Broker (562) 884-6196

Hi Chuck....I don't understand where the confusion is...."As is and in its present condition"  means that the buyer assumes all responsibility of repairing/fixing...if the buyer doesn't want "that" responsibility then they should write it on their offer!

Jun 22, 2011 12:15 PM
Sandy Wagner
RE/MAX Professionals 253.225.8322 - Gig Harbor, WA
Short Sale Specialist Tacoma, WA, and Gig Harbor,

Just curious. Was this a short sale or bank-owned property? This is usually a term used for properties in not-too-great condition.

Jun 22, 2011 12:43 PM
Anonymous
Kathy Amorin

Some "AS IS" language to use...

 

Seller is expressly selling this property to Buyer “As Is”, with absolutely no representation or warranties as to the condition or fitness for any intended use by Buyer.  More specifically, Seller and without limitation, disclaims any representation or warranties as to any electrical systems, plumbing systems, heating/cooling or ventilation systems, pool/hot tub systems, water features, appliances, roof, siding, structural condition or soil or drainage systems or conditions.  Buyer acknowledges that this sale is expressly made “As Is”.

 

Buyers inspection is for the sole purpose to provide information to Buyer regarding condition of this property ad not a contingency for the purchase.

Jun 24, 2011 08:47 AM
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