Back to News

Understanding the “As Is” Clause When Buying and Selling Real Estate

Published on

October 3, 2018

Recently, the Pennsylvania Superior Court ruled in a Dauphin County case that an “as is” clause in an Agreement of Sale for real estate does not eliminate the obligation by the seller of residential real property to complete a seller’s Disclosure Statement for the property, which is intended to disclose any known material defects with the property.

The purpose of an “as is” clause is to force the buyer to rely upon its own investigation rather than upon the seller’s representations in determining whether or not to purchase the property. However, this does not mean that a seller can withhold information relevant to the condition of the property.

Accordingly, sellers can best protect themselves from liability for misrepresentation by taking the following steps:

  • disclosing any defects known to the seller that are not readily discoverable by the buyer;
  • using an “as is” clause in the real estate purchase agreement; and
  • granting broad inspection rights to the buyer.

It is important to have sound advice when preparing to buy or sell real estate. An experienced real estate attorney can anticipate, identify, and resolve problems that may arise, including a review of a proposed purchase agreement and continuing through the real estate closing.


Related News

View More News
News Alert
June 23, 2026

Pennsylvania Supreme Court Rules Skill Games Are Slot Machines: What Businesses Need to Know

On June 15, 2026, the Supreme Court of Pennsylvania issued a landmark decision, holding that skill games are considered slot ...

Learn More
Press Release
June 22, 2026

Barley Snyder Expands Global Capabilities with International Business & Trade Group

For Immediate Release Lancaster, Pa. – Barley Snyder is pleased to announce the expansion of its international business and...

Learn More
Press Release
June 19, 2026

Barley Snyder Attorney Jeff Lobach Honored with Richard E. Kohler Civility and Ethics Award

For Immediate Release  York, Pa. – Barley Snyder is pleased to announce that partner Jeff Lobach has be...

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers