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In the realm of real estate, the term "as is" refers to a specific condition or state of a property being sold. It signifies that the seller is not obligated to make any repairs or modifications before the sale, and the buyer accepts the property in its current condition. This article aims to provide a clear understanding of what "as is" means in a real estate contract, highlighting its positive aspects, benefits, and suitable conditions for its application.

I. Definition of "As Is" in Real Estate Contracts:

  • "As Is" explained: Understanding the concept and implications.
  • Legal significance: How it affects the buyer and seller.
  • Distinction from other terms commonly used in contracts (e.g., "as disclosed" or "as represented").

II. Positive Aspects of "As Is" in Real Estate Contracts:

  1. Transparency:

    • Clearly communicates the property's condition to potential buyers.
    • Reduces misunderstandings and potential disputes between parties.
    • Allows buyers to make informed decisions on whether to proceed with the purchase.
  2. Simplicity and Efficiency:

    • Streamlines the selling process by eliminating the need for extensive negotiations related to repairs or updates.
    • Simplifies
In-house Sale is a sale where there is only one broker involved in the transaction. There is no outside broker involved, as in a cooperative sale.

Can a seller accept another offer while contingent?

Contingency with a kick-out clause That means the seller can continue to show the home and accept offers during the sale contingency period. If the seller gets a better offer, they'll allow the original buyer 72 hours to drop the sale contingency and proceed with the deal.

What is an example of a 72 hour kick-out clause?

Here's an example: Let's say a buyer puts down an offer for $160,000 on a home and another buyer comes along a week later and offers $190,000 instead. If a 72-hour clause has been written into the contract, the original buyer now has 72 hours to make a better offer than $190,000.

What is a home sale contingency?

What is a Home Sale Contingency? If a buyer is trying to sell their old home before purchasing a new home, they can include a home sale contingency — otherwise known as a concurrent closing. This ensures that the buyer is able to close on their old home, and move forward with purchasing the new home.

What is an example of in-house?

A good example of executing in-house would be if an organization were to propose a new accounting department and hire all the accounting staff from within. Outsourcing: When an organization employs an external company to perform business activities on a contract or agreed-upon basis.

What is an as is clause in real estate?

'As-Is' means the property is being sold in its current condition, including all and any defects. The property will typically be sold without warranty except for the warranties of title and any other warranties listed in the real estate contract. Read Related: The Closing Process Explained in Florida.

What does it mean when an offer is as is?

To make an "as-is offer" is to state that you, the buyer, will take the property in the condition it is in as of the date you make the offer, and will not ask the seller to do any work or repairs to the home.

Frequently Asked Questions

Why do sellers include sold as is clauses in sales contracts?

The purpose of an “as is” clause and warranty disclaimer is generally to force the buyer to perform and rely upon its own due diligence investigations, rather than upon the seller's representations, in determining whether or not to purchase the property.

What is an example of sold as is?

For example, a seller of a used automobile sells it to a buyer, and puts into the contract of sale the statement: "The buyer accepts the automobile as is, with all faults." Two minutes after the buyer drives off with it, the car stalls, and the engine seizes.

What is the as is addendum in Indiana real estate?

When a buyer chooses to make an offer “As-Is” or the seller wants to sell his home “As-Is,” in Indiana, we use the As-Is addendum in addition to the Purchase Agreement. It's a one page contract crafted by the Indiana Association of Realtors that lets all parties know the meaning of As-Is and what to expect.

What does as is mean legally?

“As is” refers to a term used in sales contracts where the buyer agrees to buy a product in its current condition, without legal recourse should the buyer discover a defect in the product after purchase.

What is an as is agreement?

What does “as is” mean? The legal term “as is” in a written contract means that the buyer must be willing to accept the home in its current condition. If you are the buyer, this means that you forgo the opportunity to ask the seller to make any repairs or reduce the price based on problems the property may have.

What does it mean when a house is listed for sale as-is?

What Does 'Sold As-Is' Mean? Sellers list their homes for sale as-is when they don't want to do any repairs before closing. It means there are no guarantees from the seller that everything's in working condition, and they're not required to provide a Seller's Disclosure.

FAQ

What does it mean when a house is not for sale?
Generally speaking, a home that is “off market” is not for sale. This means that the homeowner is not actively trying to sell their home - or if they are, they are not doing it through a public channel. Sometimes it can also refer to a home that will be for sale, but hasn't been actively listed yet.
What does it mean when it says for sale by owner?
What Does For Sale By Owner (FSBO) Mean? For sale by owner (FSBO, pronounced “fiz-bo”) homes are sold by the homeowner without the help of a listing agent or broker. Sellers typically choose to sell their home FSBO to avoid having to pay the real estate agent the commission fee on the sale of the home.
What is the meaning of sale of a house?
Home Sale means any Disposition or series of Dispositions of real property of any Loan Party in the ordinary course of business in a transaction in which such real property is sold solely for its value as real estate and not as a going concern in excess of $1,000,000 in the aggregate in any fiscal year; provided that a
Can you get a loan on a house that is as-is?
So, to qualify for most mortgage loans, a home must meet what's known as minimum property requirements (MPRs). MPRs are standards that determine whether a house is safe to live in at the time of purchase. “As-is properties may not qualify for government-insured loans like FHA or VA,” cautions Brook.
What is the as is clause in real estate?
"As is" language in a realty sales contract does not shield a seller or his agent from liability for affirmative or, as in this case, negative fraud. "Generally speaking, such a provision means that the buyer takes the property in the condition visible to or observable by him. [Citation.]
What does it mean to sell something as is?
“As is” refers to a term used in sales contracts where the buyer agrees to buy a product in its current condition, without legal recourse should the buyer discover a defect in the product after purchase.

What does as is mean in real estate contract

Why do people say selling as-is? Sellers list their homes for sale “as-is” when they don't want to do any repairs before closing. “As-is” properties may seem like a bargain, but the truth is that most contain hidden issues that can cost new owners thousands in repairs. If you think an “as-is” home might be right for you, knowledge is power.
What does it mean when a lot is sold as is? Buying a home (or other property offered for sale) “as is” means the seller makes no warranties or representations about the property's condition. In addition, it means the seller will not repair any property defects.
What is the as is term in real estate? The legal term “as is” in a written contract means that the buyer must be willing to accept the home in its current condition. If you are the buyer, this means that you forgo the opportunity to ask the seller to make any repairs or reduce the price based on problems the property may have.
Which is an example of an in-house sale? A transaction where the closing occurs within the home being sold. Kim represented the buyer and Tim represented the seller in the same transaction. Kim and Tim work for the same brokerage.
What is an in company transaction real estate? In-company transaction means a real estate transaction in which the purchaser and seller are both represented by the same brokerage. Based on 11 documents.
  • What is it called when you buy a house and sell it?
    • Flipping is a real estate investment strategy where an investor purchases a property with the intention of selling it for a profit rather than using it. Investors who flip properties concentrate on the purchase and subsequent resale of one or a group of properties.
  • Is a pocket listing a good idea?
    • The Benefits of Pocket Listings And if you don't have the funds on hand to market your home, quietly selling your place could save you some money. Pocket listing is a practice that can also give a seller the chance to experiment and see how a subsection of the market responds to their property.
  • What does in house sales mean?
    • In-house Sale is a sale where there is only one broker involved in the transaction. There is no outside broker involved, as in a cooperative sale.
  • What is an example of an in house sale?
    • A transaction where the closing occurs within the home being sold. Kim represented the buyer and Tim represented the seller in the same transaction. Kim and Tim work for the same brokerage.
  • Can you sell a house as is in Iowa?
    • If you don't want to spend time or money fixing your property, you sell it as-is. You don't shell out a dime on repairs when selling a house as is in Iowa and attract cash buyers. You can get cash offers of up to 100% of the property's Fair Market Value.

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