Is "As Is" Really As Is?

By
Real Estate Broker/Owner with HomeRome Realty 410-530-2400 311291
https://activerain.com/droplet/5cPc

 

In our Maryland contract a property may be sold "as is"

Why would you purchase "As Is"?

Maybe there are multiple offers, maybe the buyer is comfortable enough to say they will not be asking for repairs. Maybe the buyer is planning to do a major renovation.

Maybe the buyer wants to use this as way to negotiate. Maybe a seller will only sell this way and the price reflects the "as is" condition.

 

If you are writing an offer "As Is" you might want to look at how this will be handled.

I have seen buyers try to negotiate repairs.

Make sure you understand the contract.

 

Below is a section of the Maryland Real Estate "AS IS ADDENDUM"

 

Maryland "as is addendum"

 

There is the "As Is" without inspections...pretty self explanatory.

 There is the "As Is" with inspections and the right to terminate.

Within a time limit, usually 10 days, the buyer chooses an inspector and proceeds with a full inspection. The buyer has the right to withdraw the offer based on that inspection.

 

 

 

Margaret ROme

 

 

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Rainer
182,422
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

Great explanation of “As-Is”. 

Sold a listing last year, “As-Is” and it was an interesting one. The sellers decided to counter back an offer. They accepted the price, which was fairly low, but added “As-Is” at that price. After the inspections the buyers still asked for items to be repaired. Since it was electrical & my seller is an electrician he would not allow that to go “As-Is”. It made me very neevous about opening them up for liability. 

Then the buyers tried to back out of the deal two weeks prior to the closing, which led to retaining an attorney. It was a mess, but ended with a closing. 

Jun 07, 2018 08:12 PM #1
Rainmaker
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Joseph Domino 480-390-6011
HomeSmart - Scottsdale, AZ
Real Estate Made Easy

For many years here in AZ homes were sold with major components such as roof, HVAC, plumbing, electrical, considered to be warrantied items. They must be in working order. It was a constant problem trying to sort out what was and what wasn't acceptable.

In 2017 we changed our contract to state that all homes are sold in the same condition as of the date of the contract. While inspections are allowed, all repairs are negotiable. It has greatly simplified our sales process. 

Jun 07, 2018 08:15 PM #2
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

it's so funny, I had this conversation with sellers just today sitting at their kitchen table going over the listing agreement and contracts.

Jun 07, 2018 09:25 PM #3
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Michelle Carr-Crowe Just Call 408-252-8900 Top 1%!
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

In California, it's As-Is As-Disclosed, meaning if you fail to tell the truth you know, it may cost you big time.

Jun 07, 2018 10:46 PM #4
Rainmaker
2,849,124
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Margaret. Buyers should pay close attention to the "as-is" language in the contract. It differs from boilerplate to boilerplate. If in doubt consult an attorney. The same holds true for a seller, especially if the buyer has a right to inspect. Enjoy your day! 

Jun 08, 2018 05:19 AM #5
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Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

I have sold properties "As Is."  However, I firmly suggest that any homebuyer who agrees to such a sale, have a home inspection, and all other relevant inspections performed by licensed professionals.  They need to understand what they are acquiring.

Jun 08, 2018 06:11 AM #6
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Anna Banana Kruchten CRB, CRS 602-380-4886
Phoenix Property Shoppe - Phoenix, AZ
Arizona's Top Banana!

Margaret here in AZ our contract is now as is  and that simply means as is the day of the contract - but it doesn't have the clauses that your state has in their contract which is truly AS IS no inspections period.  Buyers have the right to inspections and to negoiatiate with sellers on repairs.

Jun 08, 2018 09:52 AM #7
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Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

I know I have been trained to really see that AS IS is only as good as the AS OF date in our Northern VA contract.  The language of the contract must really be understood when you get into AS IS sales.

Jun 08, 2018 12:21 PM #8
Rainmaker
2,882,520
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Margaret in California "as is" really means that it is a discourager to try to negotiate, now depending if it is a buyer's or a seller's market "as is" can be interpreted differently.. once the inspection is done buyers might hold their hands out and try a reduction... the answer is simple it depends on the seller how strong do they want to sell to this buyer....Endre

Jun 08, 2018 10:58 PM #9
Rainmaker
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Michael Jacobs
Coldwell Banker Residential Brokerage - Pasadena, CA
Los Angeles Pasadena Area Real Estate 818.516.4393

Hello Margaret - this post underscores(once again)the importance of knowing your local market as well as being very aware of your paperwork/ documents.

Jun 09, 2018 09:00 AM #10
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Margaret, It may have lost me a few when I was working with buyers but I never put as is in the contract. I did zero repairs subject to inspection so as to protect my buyers from disaster.

Jun 09, 2018 09:54 AM #11
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