Can a seller add "as is" to a counter offer?

Asked by changing1.06, Grandview, MO Thu May 16, 2013

We made an offer on a house, to which the seller counter offered that he wanted full asking price without the home warranty we asked for. Reluctantly, we told our realtor ok send us the papers. We get the counter offer paperwork, and the seller added that he's selling the house "as is" which was never in the listing ANYWHERE. Can he legally do that? And why would he do that?? Something seems just a bit fishy...

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Michael Cheng’s answer
Michael Cheng, Agent, San Jose, CA
Fri May 17, 2013
As far as I know, all homes are sold "as is". It's in every standard California purchase contract. So, having the "as is" wording added on the counter doesn't change anything.

I'd be really interested to know if any state has a reps and warranty clause in their home purchase contracts. Now that would blow my mind.
Web Reference:  http://www.archershomes.com
0 votes
Ron Thomas, Agent, Fresno, CA
Thu May 16, 2013
Big Red Flag!!
You are so right:
If you continue, you really want to have an INSPECTION CONTINGENCY. If you didn't do that initially, you can Counter with that.
1 vote
CJ Johnson, Agent, East Liverpool, OH
Thu May 16, 2013
Seller and buyer can add anything they like to a sales agreement. However when they do that it becomes a counteroffer, so rather than acceptance they have offered themselves up to further negotiations.
1 vote
Tina Lam, Agent, San Jose, CA
Thu May 16, 2013
There's nothing fishy about it. The seller is being a bit redundant as he just wanted to remind you that all property are sold "as is". Now, if he were to add something to say it's not being sold "as is", then that would require some closer scrutiny.
Web Reference:  http://www.archershomes.com
1 vote
Patsy Androl…, Agent, St Peters MO 63376, MO
Thu May 16, 2013
Unfortunately, I believe he can add the "as is" verbiage, since nothing was in writing, although that is not ethical. It's in a gray area of being legal or not. It sounds to me like the seller is just scared something may show up during your inspections & you'll ask for a lot of repairs. In reality the house may be in great shape. It also sounds like he may have some money problems. He wanted his full price & no home warranty (cost is probably about $400) . . . & then added his "as is." He may either be upside down on his loan or very close to it.

Are you working with a real estate agent or is this you on your own making an offer on a "For Sale by Owner?" I know you said the "as is" was not on the listing, but was it a real estate listing or a
"FSBO" listing?

If you have additional questions, don't hesitate to contact me.

Best regards,
Patsy Androlewicz
cell: 314-369-6622
0 votes
Dale Weir, Agent, Chesterfield, MO
Thu May 16, 2013
Yes, he can add that, BUT, you dont have to agree to it
0 votes
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