Legal Question in Real Estate Law in Florida

''As Is'' inspection repairs

I had a lease with option to buy. I've gone to closing, but owe the seller(friends) some money. We have a dispute over who was supposed to pay for repairs in order to close. They didn't have money to follow through with the closing,etc., so I had laid out all monies. They say that because the lease stated 'as is' that I am responsible for repairs to the house in order to pass inspection for closing. My broker says that only applies to cash deals. I had to get a mortgage, so 'as is' doesn't apply to our situation. He says the sellers are the ones that have to make sure it passes inspection. Neither of us are budging, and she has threatened me with court. Because of the whole hassle and situation, I don't want to give her more than I have to. Who is required to make sure that the house is up to code(by making necessary repairs) and will pass inspection for the closing? Thank you very much.


Asked on 2/07/06, 11:06 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: ''As Is'' inspection repairs

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

What your realtor has done is extremely dangerous and against the law. By giving you legal advice, your realtor has committed a crime of the unauthorize practice of law. The reason why this is a crime is simple. Without the proper training, an individual is not competent to understand many of the nuances of the law which is extremely evident in this situation.

By signing an "AS IS" Lease with Option to Buy Contract, you are responsible to purchase the property in "As Is" condition. It is as simple as that. Frankly, a competent real estate attorney might have been able to negotiate a compromise but it may be too late for that at this point after the parties have become so angered at each other that litigation has been threatened.

The improper legal advice given to you by your realtor may subject you to lose any deposit you have given or to lose any investment you have made in the property in the way of repairs and improvements. It is imperative that you consult with a competent real estate attorney to protect your interests immediately.

Scott R. Jay, Esq.

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Answered on 2/08/06, 11:24 am


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