" AS IS' Home purchase . What buyers should know .

Reblogger Dale Taylor
Real Estate Agent with Re/Max 10 New Lenox Illinois

"As-Is" - This is a delicate road Realtors travel along when serving Buyers.  Delicate because Buyers struggle with accepting what "As-Is" really means, or how it relates to their options for negotiating the purchase of a desired home.  Gita, below explains it well. 

As a pre-note, Buyers need to be aware some homes are located in towns with ordinances requiring a Purchaser to deposit a repair escrow to insure repairs are completed before allowed to take occupancy of the property after closing.  Her comments below are very helpful to understanding what "as-is" really involves in a transaction.

Original content by Gita Bantwal

"AS IS" home purchase . What buyers should know before writing the purchase agreement.

This is not legal advice and buyers should seek legal advice when purchasing a home. Laws may be different in different States Ask your Real estate agent to guide you about disclosure laws in the state.

Before making an offer on a home please know that when sellers say they are selling the home ' as is ' it does not mean that you cannot have a home inspection. In fact you should always have a home inspected by a quailfied home inspector.

The purpose of the home inspection is to find out about material defects . If it is going to cost too much to repair / replace items mentioned by the home inspector, based on the contingency clause in your agreement of sale, you can decide whether you want to purchase the home or not. When the seller is selling 'as is,'  it means that the seller is not going to do repairs. This is quite common in bank owned homes .

It is important to get a home inspection even when you are buying a home  'AS IS'

The sellers may have a number of reasons for selling 'AS IS.'

1. They may not have enough money to pay for repairs.

2.They may not know any handymen or contractors to get the work done.

3. They may be scared to have strangers come to the house to repair the items.

4.They may not want to be bothered with repairs and may not mind selling for less money. They may have listed accordingly.

5.It may be an inconvenience to repair or replace items that need it for a number of reasons including health issues, relocation etc.

If your contract states that you have the option to back out of the contract if you are not satisfied with the inspection report you can do so. You can also try to get the seller to credit you at settlement for  items mentioned in the inspection report.

In some instances the seller may be willing to adjust the price or give you credit at settlement.

Another misconception buyers have about AS IS sales is they think that they will get all the furniture in the house when they buy the house. Furniture is not part of real estate . Fixtures that are permanently installed are included but the furniture is not included unless it is mentioned in the mls and you should then  mention in the agreement of sale that it should be included. All inclusions and exclusions should be spelled out. It is common for washer, dryer and refrigerator to be negotiable items, because they are not permanently attached they are not  fixtures.

Also make sure you have a clause that says the place should be broom clean, There have been sellers who have left all the junk in the basement saying it was sold AS IS . You may have to buy a home in this condition  if it is a foreclosed hom.

It is important to work with a good buyer agent and a good attorney when buying a home.

Sellers should disclose known material defects even if they are selling AS IS. Check with your agent  or attorney about discosure laws.

 

 

 

 

 

Gita Bantwal is a Realtor with RE/MAX Centre Realtors in Bucks County, a Northern suburb of Philadelphia. You can view 1000s of listings on her web site www.GitaBantwal.com

She can be reached at 215-343-8200x124 or direct 215-275-8491 or via email gita01@aol.com

 Gita specializes in Active adult communities and is a Seniors Real Estate Specialist. She holds the ABR designation (Accredited Buyers Representative) and specializes in selling to first time buyers as well as move up buyers.Gita also hold the CRS designation , Certified Residential Specialist and the CDPE designation as well. Information about real estate market is deemed to be correct but is subject to errors and omissions and should be verified independently.. Opinion expressed by me or others  in my post and comments is not to be construed to be  legal advice.

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Rainmaker
851,933
Elite Home Sales Team
Elite Home Sales Team OC - Corona del Mar, CA
A Tenacious and Skilled Real Estate Team

Inspection is even more important on as is sales.  When the issue is major often a bank will make the repair on the property.

Feb 25, 2012 02:43 PM #1
Rainmaker
233,475
Dale Taylor
Re/Max 10 New Lenox Illinois - Frankfort, IL
Realtor = Chicago Illinois Homes Townhomes Condos

You've just touched on the delicate road I mentioned.  Most Buyers I encounter believe as-is means they can still get the seller to repair the property.

Feb 25, 2012 02:54 PM #2
Rainmaker
1,500,632
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

Buyers  can try to ask. Will not hurt.

Sometimes even 'as is' sellers make exceptions from rules. If my buyer insist on asking about repair credit, i will do it in writing, we'll get the counter with yes or no. If they want to get out of the deal they will find the reason to do it, if they do want the house, they will move forward. 

Feb 25, 2012 03:23 PM #3
Rainmaker
1,960,584
Ronald DiLalla
Century 21 Discovery DRE 01813824 - Anaheim, CA
No. Orange Cty Real Estate

I lways recommend to my buyers to get a home inspection done....Most of them do..

Feb 25, 2012 03:40 PM #4
Rainmaker
4,432,467
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thank you for reblogging the post. I agree buyers should get a home inspection even if the seller is not going to repair anything.

Feb 26, 2012 02:27 AM #5
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Rainmaker
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Dale Taylor

Realtor = Chicago Illinois Homes Townhomes Condos
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