with/on an AS IS contract. Does this mean that I no longer can ask, for example the roof to be fixed, or the pool reconditioned, etc, etc, in the follow-up offer/counter offer part of the negotiations??
thanks
WWCurry,
I'm an agent in the Crystal River area. I always list properties "as-is" and make most offer "as-is" as well. Your biggest benefit from an as-is offer is this, if you are like most buyers now, you are going to make a less than list price offer. In a real estate transaction, there has to be a win-win situation for all parties involved for a successful transaction. If you ask the seller to take less than his asking price, and expect them to repair up to 3% of the purchase price in repairs under standards D & N of the FAR/BAR contract for sale and purchase, then you might meet resistance.
You should have your agent let you read the contract and pay special attention to Standards of Practice D & N. Those two standards will inform you of your right and the sellers rights.
Write the offer on an as-si contract, make it contingent upon an "inspection period" of no less than 10 days. Have any and all inspections done, at your cost, that you feel comfortable with. If something comes back that is more than you bargained for, then ask for a concession or for repairs(which the seller does not have to honor) If you can't reach an agreement with the seller and you are not comfortable with the issues found, as long as you are within that "inspection period" deadline, you have the option of walking away from the contract and getting your deposit back.
The term "as-is" scares most buyers that are not informed. You need to ask your agent better questions and make sure you read the contract clauses and Standards of Pratice.
Hope that helps. Good luck and congratulations on taking advantage of the best market ever to be a buyer in.
Hi,
In some areas, South Florida included, "as is" contracts are becoming the norm. Signing this type of contract does not mean you are giving up the right to ask for credits for repairs later. However, if the seller has requested an "as is" contract, they may have already made up their mind that they will not give credits. It really depends on the seller.
One of my buyers just closed on a foreclosure for which we asked the bank for $1,500 in credits for termite treatment and a plumbing issue. My broker told me it would be a miracle if we got anything, but the bank agreed to give us $800. So you never know!
Real Estate Law and standard contract forms differ from state to state. You need the answer from somebody in your state (your info doesn't indicate which state). Are you working with the Seller's Agent? If the agent is your Buyer's Agent then you need to ask him/her this type of question. If you are not working with a Buyer's Agent, my question is why not?
If it is a short sale, the seller likely doesn't have the $$ for the repairs, If it is a repo, the banks demand as-is contracts, but will sometimes pay if the loan depends on it anyway. Just make sure you have an inspection period and a good inspector. If the report comes back with a lot of issues, then renegotiate or walk away.
You can do an as is w/right to inspect, and right to cancel based on the inspection. Why is your agent asking you to do an as is?
Did the seller request it?
Are you getting an FHA loan? With an FHA loan the lender might require repairs.
MAKE SURE YOU DO AN INSPECTION
I agree you should ask for everything you want to ask for. However, be prepared to be rejected. This doesn't mean you will be, but if they're asking for an as is contract the seller(s) may not be willing to make any repairs. If this is the case either requesting a repair allowance (which doesn't always fly these days as the banks are tightening up) or reflecting needed repairs in the offer price may be better bets. Have your agent ask the listing agent if the seller has already made it clear they will not do any repairs.
good afternoon........no, ask for everything that you want and need in the initial offer.....they will most times counter you, and then go from there..most p.a's are as is- but if you desire something specific, it should go in the verbage right away and be dealt with.....best of luck to you..bob mcclure- success mortgage partners- plymouth, michigan....
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