Legal Question in Real Estate Law in California

As is sale

We are trying to sell my lately deceased mother's mobile home and it will have to be an AS IS sale. What do we need to cover ourselves for this sale/

Thanks


Asked on 1/16/03, 8:27 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: As is sale

The first comment that needs to be made is to be sure you have all requisite authority to sell the property, either because probate has vested title in you, you are the duly-appointed executors/administrators, or control passed to you as (successor) trustees of an estate-planning trust.

If you are clear to sell it, my next recommendation would be to use a licensed mobile home broker. They will have the forms and disclosures needed to give you optimum protection.

Even in an 'as is' sale, you have certain obligations of disclosure. The obligations are somewhat less if you are 'absentee' sellers who never lived in the home. Nevertheless, you must disclose defects of which you are aware, and selling 'as is' does not relieve you of those responsibilities.

I also recommend that you ask the attorney, if any, who is handling the estate probate, if any.

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Answered on 1/21/03, 3:45 pm


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