Legal Question in Real Estate Law in Florida

Selling ''AS IS'' residential real estate

What is the disclosure for selling residential real estate ''as is''?


Asked on 5/21/07, 3:09 pm

2 Answers from Attorneys

Matthew Weidner Matthew D. Weidner, P.A.

Re: Selling ''AS IS'' residential real estate

There is a formal disclosure in the standard real estate contracts that should be included in every as is sale.

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Answered on 5/21/07, 3:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Selling ''AS IS'' residential real estate

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. Similar questions like this have been asked repeatedly.

There are a variety of "AS IS" clauses that might be included in your contract. Some are standard clauses that any realtor or real estate attorney will have. They are part of the "standard contracts."

Other clauses are drafted by your attorney to fit the situation. This might include inspection periods, amounts of damage/repairs required, whether or not code violations are included and the like.

Please understand that even with an "AS IS" contract, the Seller is still responsible to disclose any known defects or items that would materially affect the value of the property.

Scott R. Jay, Esq.

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Answered on 5/21/07, 3:48 pm


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