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Found this house we really like but on the P&S, the seller is telling us to write that I take the house as is, where is, only then will she let us schedule a home inspection.
Found this house we really like but on the P&S, the seller is telling us to write that I take the house as is, where is, only then will she let us schedule a home inspection.
Is that normal?
It's a common enough request. Some buyers are comfortable with that, others are not. And as in many things, the devil is in the details.
You & or your representative (agent, lawyer, whomever might be providing you with info & advice as you work through this process,) need to read through the contract & see exactly what the seller means by "as is where is." If you are committing to buying the house regardless of the inspection findings, then you might react one way. If the seller is asserting that they think the house is perfect and plan to offer no repairs or money for repairs, but you are still free to walk away with all of your money if the inspection turns up something troublesome, then you may have a different reaction.
The seller did disclose items in her disclosure which we are ok with and did say that she will not do any further repairs. But I feel that a home inspection still protects me if there are other items that are found. It's a big purchase and the last thing I want is forthe inspector to find potentially other items and then if we waive our rights, we will have to accept anything that is found.
This clause for some reason I think doesn't give me a way out but it forces me into this house.
So she will not let me order an inspection if I dont put her clause : "as is, where is, with all faults and defects"
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Quote:
Originally Posted by Asgardian
The seller did disclose items in her disclosure which we are ok with and did say that she will not do any further repairs. But I feel that a home inspection still protects me if there are other items that are found. It's a big purchase and the last thing I want is forthe inspector to find potentially other items and then if we waive our rights, we will have to accept anything that is found.
This clause for some reason I think doesn't give me a way out but it forces me into this house.
So she will not let me order an inspection if I dont put her clause : "as is, where is, with all faults and defects"
It makes me nervous when I see these.
But, do you have the right to terminate if you don't like the inspection findings?
That is the real crux of it.
But, do you have the right to terminate if you don't like the inspection findings?
That is the real crux of it.
I think by putting this, I'm basically waiving any rights; at least that's how i'm reading it. No matter what the inspector finds, I have ot accept it.
Why else would she not let me order the inspection (sign her portion of the P&S also) unless I add this clause?
The seller did disclose items in her disclosure which we are ok with and did say that she will not do any further repairs. But I feel that a home inspection still protects me if there are other items that are found. It's a big purchase and the last thing I want is forthe inspector to find potentially other items and then if we waive our rights, we will have to accept anything that is found.
This clause for some reason I think doesn't give me a way out but it forces me into this house.
So she will not let me order an inspection if I dont put her clause : "as is, where is, with all faults and defects"
It makes me nervous when I see these.
If it makes you nervous, then walk away. The two homes I purchased were "contingent on inspection". Requiring a commitment with the "as is, where is, with all faults and defects" clause before even allowing an inspection would raise a big red flag for me.
Status:
"Made the Retirement Run in under 12 parsecs!!!"
(set 1 day ago)
Location: Cary, NC
43,060 posts, read 76,604,643 times
Reputation: 45383
Quote:
Originally Posted by Asgardian
I think by putting this, I'm basically waiving any rights; at least that's how i'm reading it. No matter what the inspector finds, I have ot accept it.
Why else would she not let me order the inspection (sign her portion of the P&S also) unless I add this clause?
Because she doesn't want to go to contract and have a disagreement afterwards.
You might have an attorney review the contract language and give opinion on your exposure.
I am quite accustomed to sellers clearly indicating they will do no repairs, but will allow an inspection contingency.
ETA: Without seeing the quoted text in context of the full agreement, it is impossible to determine the exposure.
Last edited by MikeJaquish; 04-21-2015 at 08:36 AM..
I think by putting this, I'm basically waiving any rights; at least that's how i'm reading it. No matter what the inspector finds, I have ot accept it.
Why else would she not let me order the inspection (sign her portion of the P&S also) unless I add this clause?
If you are not comfortable signing then move on and find a different home.
I'd add to that clause: subject to Buyer's retaining the right to termination of P&S without penalty after inspection. Buyer agrees that there will be no further negotiation of price or repairs and Seller agrees that the deposit will be returned if Buyer cancels the P&S based on the inspection.
When I was in the process, I had a couple houses that were listed "as-is" (common in this state) but I had my agent add "subject to Buyer's acceptance of inspection". After the inspection revealed many hidden issues, I canceled and asked for my emd. Seller refused and I pointed to that phrase and said I'd see the Seller in court and would be asking for costs and penalties. The check was in the mail that day.
I would not use that exact phrasing again because it may not be clear that I had the right to terminate.
I am not an attorney and this is not legal advice. It is what I did and would do differently.
I ran into a similar situation. Seller would not accept a home inspection contingency and also wanted double the earnest money typically given. They did provide a pre-inspection but with the caveat that we should do our own due diligence and they were not accountable for what was found on their inspection report. The listing agent said they weren't flexible with that and the seller wanted a clean offer and sale as the reason behind it. I found enough questions on their report that I walked away.
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