Home Inspection Scam – “As Is” Redefined
WHAT DOES THE PHRASE “AS IS” MEAN WHEN BUYING A HOME? Please discuss with your attorney the meaning of the phrase “AS IS”, as used in your real estate transaction.
Honest and candid information provided below is provided for my home-buying client’s benefit. Unfortunately, sometimes other parties associated with the sale of the property are not very happy I take my duty to represent my clients’ best interest so seriously, some actually ban me from inspecting properties they are selling. Please touch to call (973) 812-5100
Home inspectors are often greeted at the home by a representative of the property owner*, who quickly lets the home inspector know the property is being sold in “AS IS” condition. In that context “AS IS” is code for the owner’s representatives letting the home inspector know they expect the inspector to put less effort into finding defects. Some home inspectors (like me) do not fall for this trap, because we know after our client moves into the home and problems that occur will cost our clients money to fix.
“Your home inspection will be performed with the same degree of thoroughness, integrity, attention to detail, and care as if I were buying the home for myself. My candid inspection will educate you (my client) about the true condition of the home. I’m not part of the sales team.” Michael Del Greco, Certified Master Inspector Instructor
Often the definition of “AS IS” is similar to the one provided at https://web.archive.org/web/20200810082727/http://www.businessdictionary.com/definition/as-is.html: “Term included in sale agreements to notify the buyer that no express or implied warranty is provided. The buyer, therefore, takes the goods or property at his or her own risk, without recourse against the seller for their condition or performance. ‘AS IS’ may translate to ‘with all faults’.”
I have not been able to find any definition where “AS IS” translates to “buyer gets stuck paying for defective, hazardous, or unsafe conditions or components”.
An additional FYI:
RESOLVING DIFFERENCES OF OPINION
Often homeowners and others have opinions that differ from my opinion.
In that case, I recommend that our clients obtain the following five documents from the person providing the differing opinion:
1. Their resume. My resume is posted at: Michael Del Greco’s Resume
2. An explanation as to why they believe they are correct.
3. An explanation as to why my opinion is incorrect.
4. A written representation (satisfactory to your attorney) that survives the closing of title, indicating that they agree to be financially responsible for any losses, and costs you may incur for taking their opinion as fact vs.my opinion.
5. A certified statement indicating that the individual read this entire home inspection report (not a summary or synopsis prepared by a third party).
Many real estate purchase real estate contracts specifically state real estate agents and brokers have no special training, knowledge or experience with discovering or evaluating (by example but not limited to these examples) structural defects, roof, basement, mechanical equipment, heating, air conditioning, electrical systems, sewage, plumbing, exterior drainage, termite, insect infestation or damages, radon, asbestos, and etc. If this is not the case, make sure the contract is modified PRIOR to the expiration of your home inspection contingency AND that # 1 through # 5 above are complied with.
