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
May 2, 2024

Draft Changes to the 2024 NPDES General Permit (PAG-02) and Their Impact on Future Development Projects

The comment period for the draft National Pollutant Discharge Elimination S...

Learn More
News Alert
April 30, 2024

DEP Launches Pilot Program to Speed Review of Stormwater Construction Permits

The Pennsylvania Department of Environmental Protection (“DEP”) is init...

Learn More
Press Release
April 29, 2024

Barley Snyder Partner Paul Bametzreider Elected to Serve on Lebanon Rescue Mission Board of Directors

For Immediate Release Lebanon, Pa. – Barley Snyder is pleased to announce...

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