Understanding Purchase Agreement "As Is" Clauses

Understand how to draft and critique "as is" clauses in purchase agreements, and how to evaluate whether they are enforceable.

Many real estate sellers and buyers do not realize the protections a well-drafted "as is" clause in a purchase agreement provides to a seller, or the hazards it entails for a buyer. State laws are in flux as to the extent to which a seller must disclose adverse conditions on real property being sold, which raises questions as to the extent to which "as is" clauses are advisable and enforceable. This topic helps buyers and sellers of real property understand how to draft and critique "as is" clauses in purchase agreements, and how to evaluate whether they are enforceable and suggests effective ways to enforce "as is" clauses. If a seller fails to include a well-drafted "as is" clause in a purchase agreement, or if a buyer fails to reject over-reaching or inappropriate "as is" clauses, the parties to the sale may incur unexpected liability or fail to receive the benefits they expected from the sale.