Mar 31, 2012

Q&A: What does "AS IN" Condition Mean?



In Manhattan most properties  are sold "AS IS." What does  "AS IS" Condition Mean?
Contract contains "as is" language - "official notice" of the property's condition. The purchaser must rely upon its own investigation, rather than upon the Seller's representations, with respect to the condition of the property.
"Seller makes no representation as to the physical condition or state of repair of the Unit, the personality, the included interests or the premises. Purchaser has inspected or waived inspection of the unit, the personality and included interest and shall take the same "as is", as of the date of this contract, except for reasonable wear and tear. However at the time of the closing, the appliances shall be in working order and required smoke detector(s) shall be installed and operable". 
Caveat Emptor (let the buyer beware).
The basic theory in New York real property law is "caveat emptor," meaning, "let the buyer beware." This theory is supported by the well-settled principal that a seller has no duty to speak when the parties deal at arms length; the mere silence on the part of a seller without some act or conduct that amounts to concealment is not actionable. Therefore, unless a seller takes affirmative action that prevents a buyer from determining the existence of an adverse condition (i.e., painting over a wall that is the subject of constant leaks), a buyer has no recourse against a seller on account of that condition.
Don’t Look to the Listing Broker
In many cases the broker will not have enough information about a particular building or apartment to be in a position to make any representation as to potential problems that may exist. This is particularly the case in New York City, where it would be virtually impossible for brokers to keep abreast of the changing conditions of buildings, let alone the thousands of apartments in any given neighborhood. Furthermore, much of the information circulated by brokers is second-hand or anecdotal, and should not be considered absolutely reliable for such a large investment.
Bottom line: "Due Diligence"
How is a buyer protected? There is a  due diligence window between Accepted Offer and Contract signing. Do not sign a contract until you and your attorney have done their home work. Inspect the premises, the building financials, read board meeting minutes, talk to neighbors, the condition should be factored into the offer or request that repairs be performed prior to closing. Avoid disputes about inclusions and exclusions of Personal Property. Appliances and fixtures must be in "working condition" 
"AS IS" Condition of the Property.
The seller must deliver the premises vacant and broom clean at closing.

comments

3 Responses to " Q&A: What does "AS IN" Condition Mean? "
  1. simonben1982 said...
    April 16, 2012

    I always give suggestions to my friend for taking home inspection service before buying any new home. Recently one of my friend took
    Rolling hills Estates property inspection for his new home.

  2. Wick said...
    April 16, 2012

    Well, there are many questions in ones mind before buying a property or house, these types of problems are resolved by many home inspection service provider like Manhattan Beach property inspection at Manhattan Beach. They helps in all ways and helps for best deal.

  3. Anonymous said...
    April 11, 2013

    That's a great explanation Mitchell. It's indeed a little confusing to read "As Is" if you're not an attorney.

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