Thursday, May 14, 2009

What is "As Is"?

If you've been looking for a home, you've probably seen the term "As Is." What does it mean?

In Washington State, "as is" means simply that the seller does not intend to make any repairs. Sellers often misuse this phrase thinking that the buyer cannot ask for the resolution of any issues that are discovered and/or disclosed. Not so!

The buyer retains the right to include an inspection addendum with any offer. Although the seller can refuse to honor this right, more often than not it remains part of the transaction. It actually benefits the seller when the buyer orders an inspection. Though it does not remove the seller's obligation to disclose material defects, it allows the buyer to exercise due diligence in evaluating the condition of the property.

Even if the seller is adamant that he or she will not perform an repairs, it's still prudent for the buyers to retain an inspector so that they will know what they are really buying. In most cases, the buyer is able to terminate the purchase if unsatisfied with the inspection.

Some buyers are reluctant to spend money on an inspection. I encourage buyers to think of it as insurance: it's better to buy a home with as much information as possible rather than with closed eyes and crossed fingers.

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