The “AS-IS” title has a different meanings to different people. When I speak with buyers and sellers about selling or purchasing a home, they rarely have the same definition of what “AS-IS” means. If you speak with a seller they might believe that by having their real estate agent advertise the home “AS-IS” on the local multiple listing service (MLS), it will prevent them from completing any repairs that the buyer might request. Sellers can also believe the “AS-IS” statement protects them from legal charges down the road. If you speak with the buyer they might believe the “AS-IS” really means there is something terribly wrong with the home or more specifically, what is on the MLS is not exactly the true picture of the home itself. Let’s break this down from both perspectives.
For the Seller:
First and foremost, as a seller you are never protected from legal actions because of an “AS-IS” statement. You are best protected by disclosing all known issues with the home. If you know about it, disclose it. If you suspect something is wrong, not working, might be, could be not quite right; disclose it. If you think there might be a plumbing leak but think that if you don’t look for it, you don’t have to disclose it, an you are covered. You are not. However, if you had no clue, no reason to suspect, no one ever told you, that the foundation had a crack; you are not responsible for disclosing the fact you didn’t know. If you are not clear on what to disclose, here is a simple rule; If you know of anything that might affect the value of the home in a buyer’s eye - disclose it.
If you have lived by the railroad tracks 40 years and you fall asleep every night to the sound of the choo-choo running down the tracks, you should disclose that there is a rail road track near your home. Don’t wait until you are in the court room to state, “But your Honor, it never bothered me.” Even with incredible tools like Google Earth, the seller is responsible for telling the buyer everything that is known about the home and neighborhood.
One piece of advice to sellers. Forget “AS-IS”. In my opinion advertising “AS-IS” raises questions that don’t need to be raised about the home’s condition. When a buyer comes to buy your home they see the home “AS-IS”. They are buying it “in current condition”. The seller does not need to explain why the house is 40 years old, it simply is 40 years old. The advertising “AS-IS” sets up more challenges then it is worth. Leave opportunity for negotiation on everything. If it is a simple plumbing leak, why wouldn’t you want to fix it to sell your home? If it is a foundation crack with a $40,000 price tag to fix, why should a buyer simply accept it without seeing a credit for repair or discount in price to reflect the true value of a home with foundation issues? The best way to negotiate any deal to the best interest of all parties is to slip on the other side’s moccasins. Remember, a key component of any contract is a meeting of the minds between parties.
Tags: Buyers' Tips, Sellers' Tips, Uncategorized, AS-IS, buying a home, home inspections, negotiating repairs, selling a home




Today’s housing market is like none other we have seen in awhile. I hear agents talk about how bad the ’80s were but this market is different in many respects. In order to purchase a home in this market, it is best if the home buyer prepares for potential hurdles that can be placed in between them and the door to their new home.














Mon, Jun 29, 2009
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