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This is your protection right there. It specifically states that you're buying it in the condition per the date of your offer. If you get to closing and it's not in the same condition, you have a way out or you negotiate a credit to put it back into the proper condition. I think you, and your attorney, are trying too hard to write in every "what if" situation, but it simply states that the property must be in the condition you agreed to buy it. That also goes further to imply that the condition cannot be made worse. Adding words to the contract to make this specific doesn't change the words already written.
I guess this is why Texas is not an attorney state. We keep things simple and everyone understands that "condition at time of sale" means the condition better be the same at time of closing.
I also thought that phrasing was all the protection we needed, but it sounds like my attorney WANTS to include wording to make this more specific in case of an issue coming up. Perhaps we actually don't need the specifics at all, but I think my attorney's approach is that he wants to be well prepared in case of issues so something is laid out in the case there is a dispute over the condition of the home at closing.
> The phrasing says that the home is purchased "as is" at the DATE OF OFFER. The phrasing says that the home is purchased "as is" at the DATE OF OFFER.
A possible compromise would be to actually write in a date (to be clear that it is the date you viewed the home, not the closing date). And you should probably visit again to take photos. And make sure to do a final walkthrough before closing, and be ready to balk if there is a problem.
Contracts are dated or not valid, so it wouldn't be necessary to do that.
Funny how the seller puts the "As Is" language in there to inform the buyer that they are not going to make any repairs found during your inspection.
But it works both ways, which sellers don't think about when they are trying to get the upper hand.
As Is mean exactly that. As is.
OP, you know by now a little something about your seller, their agent, and your agent. Yu have some sense of whether you are dealing with decent people not trying to pull a fast one, or if you are dealing with snakes who would take the light bulbs out of the fixtures on the way out the door.
Depending on what you are dealing with, insist on language that protects you. Sellers cant have it both ways. As is means, As is, Exactly on the day you signed the contract. Any changes are on the sellers dime.
Sometimes letting your realtor know, and having her talk to the other realtor, and her to the seller, will alert the seller that you are not in the mood for any shenanigans.
Maybe. Otherwise, that is why we have contracts and lawyers. And courts.
One question. How will you prove something has changed between when you signed and when you are closing? If you can't prove a new deficiency then you will be sunk anyway.
I'm a first time buyer and I'm purchasing a home where an "As Is" paragraph is being used. The phrasing says that the home is purchased "as is" at the DATE OF OFFER. My understanding of this is that we are buying the home as is when we sign the contract, and that the we will not request any repairs/changes to the property BUT that the property must remain in the same condition at time of closing/possession as it was at time of offer. My attorney attempted to include this phrasing (for reinforcement) saying that if any issues or damages occur from time of offer to closing, that seller is liable to restore them back to the condition they were at time of offer. (For example, the furnace was working at time of offer (and inspection) but if it broke in the next 30 days till closing the seller would need to repair it). Makes sense I think and seems to just reinforce the already in place "As Is" provisions, right?
Well, the seller's attorney is being adamant that the sellers do not accept the provision my attorney suggested, and basically they said that they do not want to be liable for any damage or changes in the property from time of contract till closing. Their argument is that this is their interpretation of the "As Is" paragraph, but both me and my attorney are very confused by this. We believe the seller's intent goes against what assurance of the condition of the property is already provided by the As Is provision. The seller's attorney says they are confident the home will remain in good condition, but basically do not want any responsibility if something breaks in the next 30 days. This sounds pretty crappy to me, and I think that their understanding of "As Is" is incorrect. I am now working with my attorney to see if other paragraphs in the contract protect us, as there are provisions for damage to the property and allowances for final walkthroughs, but it is worrisome to me that they just won't accept a statement saying the home must be kept in the same condition till closing...
We love this home, and have been looking for 9 months so we really want this to work out, but I am very confused why they just won't warrant the house will be in the same condition at closing that it was at time of offer. I do not want to walk into a situation where the house is left a mess, appliances/systems are broken, or structural damage was made while they moved their stuff out and just be left with it. I may just be worrying too much, but I want to be protected in the rare case something like this happened. Has anyone ever experienced something like this? Whose interpretation of "As Is" is correct? Is it a dealbreaker if we can't work out some assurance the house will remain in the same condition it was when the contract was first signed?
Thanks for any advice.
If the seller doesn't want any responsibility for the house, they shouldn't have bought a house. They are responsible for fixing whatever breaks between the acceptance date & closing date, even if they don't *want* to be.
If they're too thick to get that, then you shouldn't be dealing with them. This is a good time to walk.
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