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Richie Alan Naggar, agent & author  (people first...then business Ran Right Realty )

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Rainmaker
1,502,998
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

All of our contracts here are "as-is" (thanks to the banks) but inspections are still allowed and recommended, there are even forms to sign if you choose to waive them or to use a prior buyer's inspection reports.  Repairs can still be requested and negotiated.

There are some sales that are truly "as is" where the seller states up front there will be no repairs or credits (usually a trust or probate sale) and those still advise inspections for "informational purposes only."

Mar 01, 2023 09:00 AM
Rainmaker
901,535
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

Our contracts basically state homes are sold "as is" and that buyers can and should do their due diligence but sellers aren't "required" to make repairs. We do have a seller disclosure. It is more basic that some I've seen from other states. 

Mar 01, 2023 07:09 AM
Rainmaker
1,543,634
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

All CA properties are sold As-Is, the repairs are negotiated and requested not demanded nor expected. We as buyers agents try to get as many as we can, but we share with the buyers that nothing is guaranteed, especially back between 2020 Q2 - 2022 Q2. We disclose everything as listing agents and sellers, to avoid court, buyer beware. And ALWAYS INSPECT!

Mar 01, 2023 08:59 AM
Ambassador
3,345,091
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I am not an attorney nor do I pretend to be one in my real estate practice Richie Alan Naggar 

What I do know, as trained by real estate attorneys, is the "AS-IS" clause is a grossly misunderstood term.  Based on my 20+ years of experience, working with real estate agents, most do not have even a general understanding of the contracts.  

Mar 01, 2023 08:21 AM
Rainmaker
66,845
Sean Gilliam
LoKation Real Estate - Longmont, CO
Real Estate on the Front Range

Our contracts state that homes are sold 'As-Is' in an effort to protect the seller from being obligated to make repairs.  So, usually when a listing advertises as being sold 'As-Is', they are likely stating that the seller will not make any repairs or offer a credit in lieu of.  Depending on the condition of the home, this can put off many buyers, especially those that are cash strapped to begin with.  Some of my buyers also see this as an opportunity, especially if it is legitimately 'priced accordingly'. 

When I see this, I always ask the listing agent what 'As-is' really means so that I can educate my clients.  Sometimes it has been boiler plate wording that was cut and pasted into the listing narrative, and it turns out the seller is willing to make repairs, or maybe only limited repairs.  It just depends on what they mean.  In the spirit of 'everything is negotiable' I always ask first.  

That being said, the mandatory disclosure laws are in full effect regardless of whether or not the seller is willing to make repairs.

Mar 01, 2023 08:13 AM
Rainmaker
1,052,211
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

FINALLY, not long ago AZ adopted the 'AS IS' clause CA has had in their contracts for a while . . . 

Only warranty is that Property be in substantially the same condition as at Contract. CAN ask for repairs, Seller is not obligated to make them.

Seller needs to FULLY disclose all they know.
Buyer needs to FULLY investigate all material and adverse.

In CA buyers will sue over a feckin hangnail . . . LOL

Mar 01, 2023 07:22 AM
Rainer
344,388
Kris Collis, Associate Broker
Smart Way America Realty - East Stroudsburg, PA
Professional Results you Expect 570-801-5525

Here, it's caveat emptor. As Is was used mainly by foreclosing banks during 2008 market crash. MLS will not add As Is as category to listing. Agents seldom add it on non F listings.

Mar 01, 2023 07:13 AM
Rainmaker
1,464,961
Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417
HomeSmart Stars - Addison, TX
Real Service. Real Results. Real Estate

"As-is" is the default in Texas residential property sales, although some agents specifically, redundantly, use the term.

Mar 01, 2023 07:41 AM
Rainmaker
1,197,072
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

I think it hurts the sale and this is a personal observation.  It is interpreted by potential buyers in different ways.  In Florida, buyers need to disclose anything that affect the value of the property but that is still a wide open disclosure and defects can stay hidden even from home inspectors.  It is and has always been buyer beware.  

Mar 01, 2023 07:11 AM
Rainmaker
1,844,271
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Buyers always wonder about those words AS-IS. As with a bank foreclosure, it's buyer beware as the seller knows no conditions of the property at all. 

Different for a regular seller but still IL does not have time limit for pursuit of problems.

Mar 01, 2023 11:10 AM
Ambassador
3,125,663
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Our REPC state AS IS. If a buyer moves forward with the purchase, it stands, though a Seller's Property Condition Disclosure will be given once under contract. Does not guarantee any work will be done, however and the results of home inspection  does not make it a repair list.

Mar 01, 2023 10:07 AM
Rainmaker
4,936,605
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I always wonder what are they hiding with the listing.

 

Mar 01, 2023 09:39 AM
Rainmaker
1,196,798
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

In many folks, the term As-Is usually creates a sense that something is wrong and it could be expensive to fix. Naturally, the buyer must do their due diligence

Mar 01, 2023 11:53 AM
Rainmaker
900,128
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

In terms of a sale, I think "as is" is neutral. In my state, it doesn't legally stop anyone from presenting a claim, or request. It does put the buyer on notice to the effect that most likely seller will not honor any claims or is not in the position to do so. Presumably the price will reflect the "as is" status.

 

Mar 01, 2023 11:37 AM
Rainer
378,517
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

the term is in every contract for residential property in my state.  Unless you can prove fraud, there is no going back.

Mar 01, 2023 01:30 PM
Rainmaker
1,311,397
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The California Residential Purchase Agreement says that the house is being bought AS IS.

But...there is a contingency that gives time to have inspections done, study the disclosures and try to negotiate repairs.

If you make an offer and waive all contingencies in this seller's market, you give up the right to negotiate and you truly buy the house AS IS.

There is a BIG difference between an offer with the normal contingencies and a non-contingent offer. If all contingencies have been removed then, sure you can still have inspections done, but they are for you information and create no obligation on the seller to do anything re: the reports, nor does it bestow any ability on the buyer to negotiate. Of course, this also assumes that full and proper disclosures have been made.

Mar 01, 2023 07:12 PM
Ambassador
6,393,179
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

It adds a bit of confusion, sellers think that it protects them, though it does not.

Buyers immediately wonder what is wrong with the property.

Best to never put this in your advertising.

Mar 01, 2023 06:41 PM
Ambassador
3,164,269
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

we are an as is where is state.  So with few rare exceptions where someone has clearly lied on a disclosure and you have proof (had one of those I testified at trial at) that sellers purposefully hid something they knew and you could not find in an inspection.... 

Mar 01, 2023 02:02 PM
Rainmaker
5,868,482
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In Colorado, a purchase is AS IS, but buyer is allowed to do the inspection, and ask for repairs or credits.  We do see AS IS alot in listings, but doesn't mean they still won't repair/credit to keep the buyer.    It does put off some buyers that are strapped for cash, and worried they will fall in love with a lemon.

Mar 01, 2023 12:23 PM
Rainmaker
763,883
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

I explain to both buyers and sellers that "as-is" has no meaning since every home is sole in as-is condition.  All buyers have the right to do an inspection and ask for any repairs that they choose.  Any seller has the right to make some, all or none of the repairs.  The deal ends if there is not an agreement.  Consult an Attorney should anyone want to write in terms that take away anyone's rights.

Mar 03, 2023 01:54 PM
Rainmaker
5,216,398
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Disclose what you know or you could be parting with big dough!

Mar 02, 2023 03:50 AM