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I would not get fussy about fixing little stuff. I expect I will fix some things and modify others to my liking. The house is reasonably priced, therefore, minor fixes don't worry me and it's the reason I made the offer at full listing price.
But this whole "as is" thing has me confused and I think I have a right to understand it better before I agree to it. It could harm me down the road in ways I don't currently understand. There seem to be different meanings/ types of "as is", some more or less damaging to the buyer.
There's an option for an contingency of a general home inspection that states seller will not make repairs and the inspection is solely for buyer's information and ability to determine whether to proceed. I would be okay with that because it leaves the rest of the contract alone (the "rest of the contract" being sections referring to issues pertaining to the condition of the home - as in "seller has to keep it in the accepted condition and keep mechanical things in working condition and be responsible for damages that occur between inspection and handing it over at settlement, etc). If something goes wrong between inspection and settlement, I should have some rights to at least walk away since I agreed to it based on it's condition as it was at THE TIME OF INSPECTION. I expect that to be it's condition when I go move in. The as-is addendum does not make it clear that it would be so. Maybe it wants to say that, but it doesn't actually as it stands right now.
In the original purchase contract is where there usually is language about the house being in the same condition as you originally found it in. Addendums add to the contract. They do not cancel or replace a contract. That addendum adds things or changes specific things if they are written in the addendum. If it has not specifically changed that part of the contract then it still stands.
The agent didn't tell this client they do not need an attorney. That is for the client to decide. In some states it attorneys aren't normally used in real estate transactions and the agent has only stated the truth which is that they do not have to hire one. It is optional.
We don't use the out here for transactions but agents can get sanctioned/lose their license for telling a client that out here. If a buyer asks if they should get one, are necessary, etc, we just ask if they want us to refer them to one. My standard verbiage to clients coming from attorney states is "We don't use attorneys for our regular real estate transactions, but I can refer you to a couple of good ones in town if you'd like to have legal representation." The OP clearly needs legal representation because they are unsure of the standard contract. I think telling a client that attorneys are only involved when they are necessary is dissuading a buyer from getting legal consultation. Attorneys are involved whenever a client wants one.
We don't use the out here for transactions but agents can get sanctioned/lose their license for telling a client that out here. If a buyer asks if they should get one, are necessary, etc, we just ask if they want us to refer them to one. My standard verbiage to clients coming from attorney states is "We don't use attorneys for our regular real estate transactions, but I can refer you to a couple of good ones in town if you'd like to have legal representation." The OP clearly needs legal representation because they are unsure of the standard contract. I think telling a client that attorneys are only involved when they are necessary is dissuading a buyer from getting legal consultation. Attorneys are involved whenever a client wants one.
So, that is not different than what I already said. They have to decide for themselves when it is necessary and it is always an option.
In general as-is clauses protect a seller only from defects not known to the seller. If the seller knew or should have known the as-is clause does nothing.
In my experience you count on the inspection...and you straighten out whatever is found on the inspection whether as-is or not.
An as-is in no way changes the duty of the seller to provide the house in the same condition as it was inspected.
What it does really is pass the liability for unknown faults to the buyer.
I too think this is a good place for a local attorney but be cautious. It is not clear that attorney's are good at this stuff in areas where escrow closing is standard. You need an expert in RE and they are expensive here. I would expect $350 for such a consult. And you best do a good job on selecting the attorney.
I think telling a client that they only use them when necessary is telling them they don't need one. So I disagree with you on this interpretation.
Nothing to disagree with then. It is just different where I am. Where I am it is an option for clients to consult an attorney when they feel it is necessary. In Oregon the agent decides when its necessary and tells them when they have to. I see.
The bottom line is the buyer is uncomfortable with the As Is and the agent broke it out real fast. Sorry but something smells a little fishy to me.
Could it have to do with all the buyers believing they are in the drivers seat and backing out of deals at the last moment if they even see a cracked window?
When I am uncomfortable and being assured all is OK, sorry folks but it is my money and it time for my attorney to make me feel comfortable.
The bottom line is the buyer is uncomfortable with the As Is and the agent broke it out real fast. Sorry but something smells a little fishy to me.
Could it have to do with all the buyers believing they are in the drivers seat and backing out of deals at the last moment if they even see a cracked window?
When I am uncomfortable and being assured all is OK, sorry folks but it is my money and it time for my attorney to make me feel comfortable.
Am I wrong?
I don't know what you mean when you say they broke out the addendum really fast. It is the agents job to present it as soon as possible. Nothing about that seems suspicious to me. I do agree with who ever said that the "as is" requirement should have been in the MLS so not to waste someones time if they aren't interested, but that is on the listing agent to do it not the buyers agent.
I'm not clear about one thing. Did the buyers agent know it was as it before writing the offer? If so, I feel they have an obligation to disclose that beforehand.
You aren't wrong about choosing to call an attorney, that is really the point. It is a choice the buyer makes and an option they have when they feel it necessary. That goes for everything actually. You can call a lawyer about anything you want to anytime you want to. They are always glad to take your money.
Nothing prevents a buyer from deciding to go As-is during the negotiation.
The OP is off on a wrong tangent. The As-is has no bearing until after close. The transaction otherwise remains the same except the house has been bought "caveat emptor". And unless knowledge of a defect can be shown the seller is off the hook.
Nothing to disagree with then. It is just different where I am. Where I am it is an option for clients to consult an attorney when they feel it is necessary. In Oregon the agent decides when its necessary and tells them when they have to. I see.
This is such a sad statement and such a horrible reflection on the real estate industry. You and I disagree on many things but I never make such asinine statements about what you say online. Time for ignore.
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