Buying A Home

[karinick2269]

Can a seller be able to sell the house" As Is" and not have it inspected for the buyer to be able to know what they are buying?  Is this even legal? 

[Phil McCarty]

Hi karinick2269,

Terms such as "AS-IS" are negotiated. One party cannot unilaterally dictate terms to the other. Sellers who wish to have an AS-IS sale would be well advised to obtain pre-sale inspections so that prospective buyers know what "IS" is. Buyers who enter into "AS-IS" purchase agreements should make the purchase contingent upon their approval of the condition of the property through inspections and a thorough review of seller disclosures.

[Len Malena]

And that term AS IS still doesn't absolutely mean a repair or credit for a previously unkown problem that arises during a home inspection by the buyer is completely out of the picture. I have gotten some repairs taken care for my buyers on REO's and ShortSales  both of which are typically sold AS IS.

Len Malena

OC Zipagent

949-459-6752

[MaryAnne Beaty]

It is not required that the seller do an inspection.  However, a buyer always has a right to do a Home Inspection before putting in an offer and is highly recommended.  You can also make a contract contingent on a home inspection. 

[kcrepeault]

Many Times when a home is tenant occupied and your client is really interested in it but for various reason haven't been able to see inside,you can write in your RPA that the "Offer is contingent upon interior inspection" and also your buyer is covered during the 17 Day Due diligence period where your buyer has the option to hire a home inspector if you checked that box.

[lordmi]

I am sorry, all answers You got here are Unprofessional.

You did not get Any useful information and I will advice to get advice from layer.

Otherwise You may get in trouble and lose lots of money.

[lordmi]

I am sorry, where is an answer, Sir????

[Phil McCarty]

Hi lordmi, 

The answer to "Can a seller be able to sell the house" As Is" and not have it inspected for the buyer to be able to know what they are buying?  Is this even legal?"  - is Yes (at least in California).

In California, the seller has a statutory obligation to disclose all known material facts about the house to the buyer, but the seller has no legal obligation to have the house inspected (although many sellers do provide pre-sale inspections). Inspections are typically ordered and paid for by the buyer and purchases are typically contingent upon the buyer approving the condition of the house. The seller cannot prohibit the buyer from having the house inspected.

It would be very foolish for a buyer to purchase a home "AS-IS" without the benefit of inspections to determine the true condition of the house, and I would advise against that in the strongest possible terms.

[lesueuj]

You need to learn to use SpellCheck!

[Dolores Johnston]

Repairs on "AS IS", foreclosed properties are now being handled by some lenders if and when  the appraisal has been completed.  If the appraiser does not put contingencies on the loan approval, no repairs will be made on an "AS IS" sales.  Lenders will, however,  most of the time, repair furnace, water heaters, AC, anything that will prevent the house from being "livable".

I never have my clients do an inspection on a house they have not made an offer on.  I advice them to first make offer and when the offer is accepted, to pay for their inspections.  My theory behind this advice...what if while they are conducting the inspections, another buyer comes in and makes an offer and it is accepted.  In the meantime, the client who first had the inspection done, because there is nothing in writing about a contract,  is completely out of the picture, and has just paid for an inspection on a house that he/she has no ties to.  Always, make an offer first, if accepted go through the inspections.  If at that time the seller is not willing to make repairs, buyer can still get out of the contract.