Legal Question in Real Estate Law in New Jersey

"As Is" Real Estate Transaction

I entered into a contract to purchase a home with an "As Is" clause. Prior to entering into the contract, I made a walk through inspection of the home while it was occupied by tenants. After the tenants vacated the home, prior to scheduled settlement, the seller gave me the keys to the property and had me put the utilities in my name. After I took possession, I began general work in preparation for moving in and discovered that the well and pump system, did not work, the sewer line to the septic tank was broken and needs to be replaced, the concrete slab under the kitchen floor is undermined from broken water supply lines in the past, in addition to other problems that I was not told about. I agreed to purchase the property "As Is" assuming that general cleanup, painting, etc. were the main issue. Question: Does "As Is" mean that the seller is not responsible for undisclosed defects. Or am I responsible for the cost of these major problems?


Asked on 8/18/00, 7:58 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re:

It's not quite clear to me whether you have closed title at this point or not. The answer may be different depending on that answer. However, even "as is" sales usually have a "home inspection clause" which would allow you to pick up defects such as these before you are required to go through with the sale. No attorney can give you an exact answer without a careful review of the contract. Even this advice is given based purely on the little bit of information that you have given to me. As indicated, there may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 9/25/00, 9:45 am


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