There are several provisions in real property sale agreements that can affect a party’s legal rights. One such provision is an “as-is” provision, which is often included in contracts for the sale of real property. It is important for parties to keep on the lookout for such provisions so that they are aware of their legal rights in any possible litigation.
What Does an “As-is” Provision Mean for Buyers?
Generally, when a property is sold “as-is,” the seller is not liable for defects in the property unless the seller is fraudulently concealing or misrepresenting the property’s condition. (Shapiro v. Hu, 188 Cal.App.3d 324, 334.) When purchasing the property “as-is”, the buyer accepts the condition of the property to the extent that he or she can visibly observe. The buyer cannot later sue the seller for a defect that the buyer observed.