Essentially, stating that the property is “as-is” implies that the seller is not making any warranties or representations about the property. As in the sale of any other property, the seller must disclose any latent defects that may be present in the property; however they are also saying that they will not take financial responsibility for any problems that may be obvious or that are uncovered in the inspection.
Many potential buyers will assume that the home is either a disaster or that the seller is hiding something with the hope that it won’t be uncovered in the inspection. Sometimes this is a valid fear, but there are a variety of reasons why a seller may choose the “as-is” route:
· In some situations, the seller has not lived in the home for a very long time and does not feel they are familiar enough with the property to identify the potential issues
· Often in an estate, the executor will choose to sell “as-is” because of their unfamiliarity with the home
· Sometimes the seller is financially unable or just doesn’t have the time or energy to have repairs made prior to putting the home on the market
· The participants in investment property may not be aware of potential issues
It’s important to note that in spite of the “as-is” designation, it is still crucial for the buyer to have a thorough home inspection performed by a qualified inspector. If the buyer finds through the inspection process that there are greater problems than they had envisioned, the buyer has the right to attempt to negotiate with the seller to either repair or remunerate the buyer for the cost of the repairs. As is the case in any real estate contract, if the inspection findings cannot be successfully negotiated, the contract can be nullified.