Home Being Sold with As-Is and Where-Is clauses

   Let's first understand what the term "As-Is" and "Where-Is" imply, then we'll look at what actions are necessary to protect yourselves.  As always, there are many tangents to this issue that can change or complicate your particular transaction.  You can also visit my website or feel free to email me with specific questions.

There are a few misunderstandings with these terms.  The first is the time-frame to which they apply.  As-Is doesn't technically take affect until you bought the home; as in, you bought the home as-is.  Once you bought a home as-is, your legal ability to return to the seller and demand that they make repairs for a undisclosed defect are removed or greatly limited.  When the legal term "where-is" is used, your ability to seek a cure - from the seller - for title issues and others blemishes on your rights of ownership are also limited (depending on the type of deed you received).

The second misunderstanding is that by agreeing to an as-is clause, you are giving up your rights to due diligence, which includes inspecting the home for defects, and investigating the condition of the title.  The opposite is actually true.  "As-Is" is a huge red flag that should alert you to the need for much greater investigation.

The third misunderstanding is that the seller will not fix defects that you identify.  In any contract, the seller can not be forced to fix anything (unless they agreed to do so).  The same is true with an as-is clause.  You can request that the seller fix a defect, and if they refuse, then you have to decide if you still want the home.

As always, there are many tangents to this issue which can change or complicate your particular transaction, so please talk to your agent email or call me.