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
Press Release
October 31, 2023

Barley Snyder Further Expands Gettysburg Office 

For Immediate Release Gettysburg, Pa. – Barley Snyder is excited to annou...

Learn More
Press Release
October 12, 2023

Barley Snyder Named One of the Best Places to Work in PA for Second Consecutive Year

For Immediate Release Lancaster, Pa. – Barley Snyder is pleased to announ...

Learn More
Press Release
October 10, 2023

New Associate Attorneys Added to Barley Snyder Team

For Immediate Release Lancaster, Pa. – Barley Snyder continues to grow an...

Learn More

Other Upcoming Events

View All Upcoming Events
3:30 pm
6:00 pm

Barley Snyder’s Reading Open House!

Learn More
4:30 pm
6:30 pm

Barley Snyder’s Gettysburg Open House!

Learn More
12:00 pm
1:00 pm

Complying with FinCEN’s Beneficial Ownership Reporting Rule Under the Corporate Transparency Act Webinar

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
Super Lawyers
Best Law Firms US News
Best Lawyers