All C.A.R. purchase agreements include an \u201cas is\u201d clause, which states that the property is being sold in its current condition. The RPA-CA, for instance, contains this exact language in paragraph 11.<\/p>\n
Is it necessary for the seller to add extra language to ensure the property is sold \u201cas is\u201d? No, the \u201cas is\u201d clause in the C.A.R. contracts is sufficient.<\/p>\n
No, under the C.A.R. contracts, the seller must maintain the property\u2019s condition as of the acceptance date. If the property is damaged during escrow, and the buyer is not responsible for the damage, the seller will likely have to make the necessary repairs before closing. Furthermore, if there is a specific statement in the agreement, the seller may still be obligated to make repairs despite the \u201cas is\u201d clause. Is the seller responsible for making repairs for state retrofit requirements?<\/p>\n
In most transactions, there will be state (and local) retrofit requirements that may necessitate repairs to be made before closing. Even though there is an \u201cas is\u201d clause, the seller may negotiate with the buyer to shift the cost of repairs to the buyer.<\/p>\n
Does the \u201cas is\u201d clause relieve the seller from disclosing any information about the property? No, the seller is obligated to disclose any information required by law or contract, regardless of the \u201cas is\u201d clause. This will typically include the TDS, the SPQ, and material fact disclosures.<\/p>\n
Does the \u201cas is\u201d clause mean that the buyer cannot investigate the property? No, the \u201cas is\u201d clause only relates to the condition of the property and does not prevent the buyer from conducting inspections. Does the \u201cas is\u201d clause mean that the buyer has waived their contingencies for investigations? No, stating that the property is being sold \u201cas is\u201d does not constitute a waiver of the investigation or disclosure contingencies.<\/p>\n
When the buyer requests a repair, the seller may counter with the \u201cas is\u201d clause, which is unclear. Instead, the seller should explicitly counter the repair request.<\/p>\n","protected":false},"excerpt":{"rendered":"
All C.A.R. purchase agreements include an \u201cas is\u201d clause, which states that the property is being sold in its current condition. The RPA-CA, for instance, contains this exact language in paragraph 11. Is it necessary for the seller to add extra language to ensure the property is sold \u201cas is\u201d? No, the \u201cas is\u201d clause in the C.A.R. contracts is sufficient. Does the \u201cas is\u201d clause eliminate the seller\u2019s obligation to make any repairs? No, under the C.A.R. contracts, the seller must maintain the property\u2019s condition as of the acceptance date. If the property is damaged during escrow, and the buyer is not responsible for the damage, the seller will likely have to make the necessary repairs before closing. Furthermore, if there is a specific statement in the agreement, the…<\/p>\n","protected":false},"author":4,"featured_media":242,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,7,4],"tags":[],"class_list":{"0":"post-103","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-blog","8":"category-failure-to-disclose","9":"category-real-estate-transactions"},"yoast_head":"\n