March 26th, 2018 at 5:54 pm
Answer: Your first question is difficult to answer. A commonly-accepted interpretation of “As-Is” is that the seller is not providing any warranties concerning the condition of the property. However, your seller may have a different idea. Your seller might believe “As-Is” means that the seller does not have to disclose defects, does not have to provide disclosures, or does not have to install a smoke detector, strap the water heater, or comply with other point-of-sale requirements. Additionally, when it comes to interpreting those words if a dispute arises, the law will consider your seller’s intent at the time the seller inserted those words into the SCO. The intent of the parties is a strong determining factor in contract interpretation, although there are other factors to consider as well.
Luckily, your second question is much easier. The answer is “no.” You do not have to add “As-Is” to the SCO. Show your seller that the RPA already says that the property is sold “AS-IS in its PRESENT physical condition as of the date of Acceptance” (see first sentence in paragraph 11).
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