Home Selling in Boston>Question Details

CharlieB, Home Buyer in Templeton, MA

Buying house. Seller's Attorney insisting on the following in P&S. Buyers request to delete this have been denied. Is this standard P&S?

Asked by CharlieB, Templeton, MA Sat Apr 27, 2013

language? The Buyer acknowledges and agrees that the Seller has made no warranties or representations on which Buyer has relied as to the condition, past, present or future of the premises, other than those contained in this Agreement. Any statements made by the Seller or contained in the property listing information, if any, are not warranties and do not survive the closing. The seller states that any statements contained herein, or previously made in writing, are to the best of Sellers actual knowledge, without any independent investigation or duty to conduct the same, and Seller makes no representations concerning the accuracy of facts provided by the realtor(s) or broker(s) unless expressly incorporated into this Agreement. Buyer acknowledges that ample opportunity has been given to conduct an inspection without restrictions by an expert of their own choosing, and that such an inspection has taken place. Buyer acknowledges that they are fully satisfied with the condition of the premises

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Louis Wolfson’s answer
The language you quoted is not uncommon. Its the cover my ass clause. That said it is whatever you and your attorney feel comfortable with and can get the seller to agree.

did you get a sellers description of the property? Did you have your own home inspection? Did you follow the home inspectors recommendations to bring experts in to check what he suggested you should? If so and you are happy with everything it should not be a problem.
0 votes Thank Flag Link Sun Apr 28, 2013
I agree that I have seen this in most of the P&S's I receive as part of the language and that you should have your own attorney to discuss with you the details of the P&S and the paragraphs and clauses in it explaining what each means and if it is deemed as standard. Agents cannot provide legal advice and I recommend when making one of the biggest purchases in a lifetime to have a real estate attorney represent you. Hopefully you had a home inspection and did not rely on the seller and their agent to provide you only with what they know about the property. Hope this helps...
2 votes Thank Flag Link Sat Apr 27, 2013
Agreed with others as well. Consult your atty. and let him/her guide you.

best of luck
0 votes Thank Flag Link Mon Apr 29, 2013
I would agree with most comments below.
This language is a bit strong for me.
Please consult your counsel to have it stricken out.
Kind regards,
0 votes Thank Flag Link Sun Apr 28, 2013
That's standard language from my experience, I'm not an attorney so I can't give legal advice. Seen the same or similar language in every P&S for the last 10 years.
0 votes Thank Flag Link Sun Apr 28, 2013
Yes, I have seen this language in many P&S agreements, especially for REO or Short Sale transactions.
0 votes Thank Flag Link Sat Apr 27, 2013
Language similar to this is often found in the P&S. Is there a specific line bothering you or the entire clause? Do you have an attorney reviewing this with you? If not - my advice is to find one ASAP. Your agent should be able to refer one if you do not have someone in mind. I suggest that my buyers always have a real estate attorney on their end who can guide them through this stage. As agents, we can help - but cannot provide legal advice.
0 votes Thank Flag Link Sat Apr 27, 2013
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