1,006,523
Just because a listing states it is an As Is sales does NOT mean the buyer is not allowed to ask for repairs
It simply means the seller may or may not do them - negotiate it and go from there but make sure your buyers are aware they may have to walk away!
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Lyn Sims
Schaumburg, IL
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Nina Hollander, Broker
Charlotte, NC
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Dorie Dillard Austin TX
Austin, TX
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Candice A. Donofrio
Fort Mohave, AZ
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Fred Griffin Florida R...
Tallahassee, FL
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Mary Yonkers
Erie, PA
5,149,197
Buyer is entitled to make their own decision - to move ahead, request repairs (even if "as is") although seller may do nothing, or move on.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Nina Hollander, Broker
Charlotte, NC
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Dorie Dillard Austin TX
Austin, TX
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Candice A. Donofrio
Fort Mohave, AZ
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Mary Yonkers
Erie, PA
1,608,960
I just negotiated all appliances convey in working condition on an as-is and got it; negotiate.
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Diana White-Pettis
Upper Marlboro, MD
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Lyn Sims
Schaumburg, IL
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Nina Hollander, Broker
Charlotte, NC
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Margaret Rome Baltimor...
Pikesville, MD
613,494
I am sure that you know that in Florida, while the seller must disclose, it does NOT have to be in writing. SO...unless you made the sellers disclosure a part of the contract, it is not to be relied on as a contractual issue.
The buyer is entitled to accept the deficiencies, re-negotiate the deficiencies or either walk away from the contract.
Eve
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Nina Hollander, Broker
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
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Mary Yonkers
Erie, PA
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Candice A. Donofrio
Fort Mohave, AZ
921,504
In the state of Florida, AS - IS does not mean the buyer is not entitled to an inspection. AS - IS does not waive the buyers right to cancel at 'buyers sole descretion' without need to state cause. (FAR-BAR contract)
AS - IS in the State of Florida simply removes the OBLIGATION from the seller to make ANY repairs.
Negotiations are negotiations.
The things you state are rinky dink. If its a worthwhile house, negotiate.
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Chuck Mixon
Cutler Bay, FL
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Fred Griffin Florida R...
Tallahassee, FL
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Mary Yonkers
Erie, PA
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Candice A. Donofrio
Fort Mohave, AZ
1,574,716
Inspect, review the report, walk away, re-negotiate, or accept "as is" per the contract.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Lyn Sims
Schaumburg, IL
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Nina Hollander, Broker
Charlotte, NC
5,774,084
Maribel,
Jennifer Mackay gave you a wonderful answer. A
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Nina Hollander, Broker
Charlotte, NC
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Jennifer Mackay
Panama City, FL
753,993
What does the buyer want to do? The buyer can terminate based on inspection. Or the buyer can choose to move forward knowing that there are issues. The listing agent should be notified of the issues and the disclosure statement should be changed for any future buyer.
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Candice A. Donofrio
Fort Mohave, AZ
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Mary Yonkers
Erie, PA
5,447,426
Sounds like buyer can walk away if "as-is" contract has a right of inspection! OR, request seller put things in working condition per the disclosure. If no mention of double tapping, it is what it is! Ball is in buyer's court!
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Nina Hollander, Broker
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
259,105
Nothing says they have to be working. Just that they convey. If the seller stated in the discolure that they were working then that becomes a matter of negotiation.
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Lyn Sims
Schaumburg, IL
3,986,423
If the appliance is there but not working it needs to be disclosed as such
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Nina Hollander, Broker
Charlotte, NC
3,988,138
It is hard to believe from 4/28 to inspection a few days later that the working appliances are now not working. Even with an as is contract, seller needs to be truthful.
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Nina Hollander, Broker
Charlotte, NC
683,196
In Wisconsin we see as is listings, however the buyer still has the right to have inspections and additional testing. At that time, the buyer can:
1. Continue moving forward
2. Negotiate with the Seller
3. Kill the deal if there are major defects that buyer cannot deal with
Depending on the situation, I would think that a seller would seriously consider re-negotiating the terms of the contract to satisfy the buyer rather than start the process all over again. The buyer was serious when they wrote the offer (in good faith) and probably just wants what is fair. Seller should have disclosed that the appliances were not working. Seems suspect that they didn't know there was that problem? Not for me to judge ... just MHO.
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Lyn Sims
Schaumburg, IL
2,228,380
542,913
In my state, the buyer could walk or accept the property. They could ask the seller to fix anything that doesn't work, but if the seller refuses-they walk or accept. My best advice is to consult your broker or an attorney that knows the contract law in your state. One of the great things about ActiveRain is you can see that there are many differences from state to state in how things are handled.
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Lyn Sims
Schaumburg, IL
408,854
5,978,571
Our contracts are AS IS also, but buyers have the right to ask for unsatisfactory items to be repaired.
1,748,377
Didn't you generate a Repair Addendum as a result of the Home Inspection?
5,584,178
this is why a home inspection is necessary.... if you're going to go forth and fall into the "as is" scenario, be prepared for many things to not work properly or not at all.... maybe the appliances were in working order at the time of the listing input.... stuff happens.... home inspections find it....
3,416,110
You get what is negotiated prior to and after the inspections. Understanding the "As Is" clause is most helpful. Many, if not most agents to not fully grasp "as is".
1,533,714
IF the seller disclosed that the appliances were working and an inspection found otherwise, it is reasonable to request they be fixed. If an unsafe condition is exposed by an inspector, it is reasonable to request it be fixed.
In Cali all contracts are as-is by default, but buyers still have the right to request repairs. Yours I feel are reasonable.
919,013
2,503,090
Everything should be "as advertised Maribel Yepez-Fernandez and I would not let my Buyer close until all was right.
1,466,257
Maribel Yepez-Fernandez "As Is" usually means the seller will not do any repairs or make any concessions. However, everything is negotiable. Your buyer can always counter.
3,074,289
Gary L. Waters, Broker Owner, Waters Realty of Brevard, LLC nailed this one!
4,800,282
The as-is means that it really is as presented and stated by the seller. You can ask for these repairs, but the seller doesn't have to comply. So, you can walk away.
1,618,024
8,110,687
602,025
It seems unusual that both appliances would be dead. I suspect you need to reset the breaker. Even if the breaker is in the "ON" position it could still be tripped. Turn it all the way off and all the way back on again.
1,868,078
You wrote the as-is contract. What's the def of that? No inspection or visual on those appliances before you wrote contract?
5,274,497
The underlying question is wether seller knew those appliances did not work and didn't disclose the fact. Most contracts are "as is," but it doesn't mean a buyer can't request a seller to repair.
4,434,227
4,321,985
5,457,350
As Jennifer Mackay said - you can still request repairs, walk away or accept the appliance issues.
1,157,841
Laws and regulations vary from jurisdiction to jurisdiction. Consult legal counsel for the relevant jurisdiction.
3,416,322
I woudl use the disclosure and ask for them to be repaired or replaced. You can ask for anything, even if as is.
864,758
Just because it is as is purchase, it does not mean the buyer can't ask for repairs.
3,650,959
I'd ask the buyer what they want to do - ask for repairs or take as is? Here in AZ even thou the contract is an as is contract buyers may ask for repairs during the inspection period unless it's been waived - which I don't recommend. Gives the sellers a chance to make repairs - or not.
5,238,257
I'd talk to the buyer..what do they want..never hurts to ask for repairs..what's the worst that can happen..they say no! Buyer can always walk.
6,649,428
As Is, seems pretty clear, at least with the inspection they know what needs to be fixed.
2,702,632
If you are on the FAR-Bar ASIS 4 Contract, the Buyer can terminate during the Inspection Period. See line 242, paragraph 12, Buyer Right to Cancel
1,095,530
Our AZ contracts were recently changed to convey the property as-is and remove all seller warranties. As-is means the seller doesn't warranty anything, and buyer accepts property in the condition as of contract date. Sounds to me like as long as buyer is within their inspection period, they can decide to proceed or cancel. They can also try to negotiate repairs. The seller's just not obligated to make any. I think your bigger concern is that MLS and disclosure statement indicate something not currently true. The executed contract trumps those, however. Plus, the MLS and the disclosures both have little disclaimers.
1,231,853
2,836,729
Well you just proved wrong a fact represnted incorrectly. Either the price adjusts, remove the range or repair it. It is a minor issue. Keep it that way
1,713,581
I never do and as is contract and I am past 26 years in real estate. I don't think it is a good idea and I always make sure even if repairs are not asked for to put in contingent on buyers acceptance of inspection report. It is not that I don't trust people, well maybe I don't.