Hi Suzie,

First of all you have a contract accepted knowing the fact that this :AS IS"
condition without the knowleges of revealing the window was leak. As
long as the contingecy has not yet remove you haveall the option to back out
and received your earnest money deposit.Under paragraph 14-B on the
Californioa Residential Purchase Agreemtnat and Joint Escrow Instruction
you have certain days to do all applicable inspection even you are going
to buy ÄS IS"condition.
Lets say 17 days given period to do all inspection if the inspection discovered
any thng that you not satisfy you have the right to back out. Now if you remove
Inspection contingecy within that period you are obligated to for transactionm.

Dear Suzie,
I am a Realtor, not an attorney, an only an attorney can give you legal guidance. Please call your attorney and get all this worked out. Have you had an inspection yet? You should if you haven't. Also, right before the actual closing you should have your final walk through, and any issues that are present then must be dealt with at the closing table before the closing takes place.
Good Luck,
Sharon Kozinn

Suzie, it may not make you comfortable but yes the seller could do nothing, the home could experience further deterioration and seller refuse to do any thing. I had a closing yesterday where the basement flooded in the last few weeks because a water softener line fell out of it's drain. It soaked rugs in the finished basement, swelled up a door... and sellers refused to do anything to prevent further damage or fix what had already occured. (short sale and the seller was ready to walk and let the banks foreclose) Bottom line was buyer had spent months working with the banks to accept short sale and were not about to walk. (they had invested too much time money and emotion in this house)
If you are having second thoughts already, walk away.

Suzie: ALL homes are sold as-is in the end. They're used, after all. If you used the standard NJAR contract, you have a period after signing to have the home inspected. You may then demand repairs, no matter what the As-IS terms were. (There can be no meeting of the minds about issues that were not specifically known and enumerated, now can there?) The owner can refuse; you can walk. If everybody is happy (except the agents, who may have to start their assigned tasks all over again.) and your deposit is returned, no harm done. If a dispute arises, you can just walk away, try to reach a mutually agreed-upon settlement or consult an attorney. It might be smart to consult an attorney earlier rather than later, so that you can handle this, knowing what legal actions are available to you. It all depends on the contract, whose interpretation should not be attempted by your Realtor.

Now, some things you should know and consider: The standard NJAR contract has a clause that says ALL risk of loss from the date of signing until closing rests with the seller. ANY damage noted as having occurred during this period is his responsibility to repair or for which he must compensate you at closing. While this particular period may have a hurricane or two as an extra hazard, ANY period will have its risks. If you are going to buy, accept them. If you are going to own, remember that all that "bad stuff" can happen an hour after closing and you will have to deal with it. (You should have insurance in place the moment you are responsible for YOUR property.)

Recommendation: Work out the details and GOOD LUCK.)

Even if the property is being sold "as is" you still have the right as the buyer to ask for credits for repairs or have certain repairs done prior to closing. They can always say no,too.

Bujt as long as you haven't released your contingencies, you may be able to back out and get your earnest money back.

The seller is responsible for the property until you close escrow. You do have the right to inspect the property even up to right before close of escrow to make sure that the property is in the same condition it was in when you first wrote an offer (except of course, if the seller made some repairs to make it even better).

You should consult with your realtor to discuss your options, rights and obligations.

Good luck.

Normally, as a buyer, you always need a "final walk through" right before closing, and you shall report any problem to your lawyer, and at closing, fund can be withheld at your lawyer till it is fixed.

One the other hand, inspector often has much HIGHER standard, so you may be fine as soon as after closing you did some repair. Some leaking is just a matter of re-caulking. Even replace a brand new window often does not cost much if glass broken only, even cheaper. a few hundreds should do in my area.

If the seller stilling living there and said no leaks, it is often pretty reliable. You will know the psychology if you ever live in a "leaking" house. Otherwise, if the house is empty, it may not. Still, "leak" or "not leak" or how much it leak, it could be correct based on your standard, or the highest one.

My neighbor already replace his roof TWICE!!! We still did not do anything. My neighbor was triming trees, and when I asked to contractor to come see my trees, he game me a scary report that someday if the tree die, will have branches fell and broke my car window ....etc. He sounded want to cut my trees very badly. I used my own common sense.

Again, a "final walk thru" is important to be in the contract, because there could all kind of problem before closing... But, still, it may not 100% protect you. My friend had that and after closing found out the refrig did not work, but that's he fault that he did not check it out at walk thru, nor his realtor.

So, supposed there is no sun window problem, but from now to closing has other window broken, how would you know? you will know at final walk thru. In general, with that clause, sellers will try to maintain the house good because the seller, like you buyer, also want a smooth closing.

What does your purchase contract say?
If it does not protect you under these circumstances:

(Disclaimer: Ths is not legal advice, contact an attorney.)

You may want to consider contacting the proper authorities to make a complaint against the RE agent and his broker for practicing law w/o a license.