I am in attorney review and the seller is now stating they are selling as is. This was never mentioned before. Can they do this?

Asked by Mgpaz12, South Plainfield, NJ Thu Mar 10, 2011

Prior to putting the contract in, we were told that they would fix any repairs needed. It was not stated in the mls listing that it was a "as is" sale. We have also asked for the seller's disclosure and have not received it. Can they do this?

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Debra (Debbi…, Agent, Livingston, NJ
Fri Mar 11, 2011
Mgpaz - Since you are still in attorney review, relax - nothing is set in stone. Ask your attorney to address your concerns. If you're not satisfied with the responses, you can walk away.

First of all - ask for (or have your attorney ask for) the disclosure.
You should have seen it, and signed off on it before making your offer. Why didn't your agent make sure that was done?
If the house was built prior to 1978, you should also have signed a lead based paint disclosure and been given a pamphlet on lead paint.

What you "were told" has no bearing, as everything needs to be in writing.
Truthfully, some sellers like to say they are selling "as is", then when faced with true structural issues, they relent and take care of them. Keep in mind that once the seller is made aware of a defect, they are legally bound (as is their agent) to disclose that to any future buyer. The prudent thing to do is deal with the issue right then.

I also suggest you read the verbiage in your contract, as many standard contracts (in NJ) are written stating the home is being sold in "as is" condition..but the buyer may ask for repairs to be made, and still retain the right to walk away if the seller refuses.
As I said above - you are paying an attorney to represent you...make use of his knowledge and expertise.

Read the disclosure..........have the inspection......if the seller won't address significant and legitimate issues, then walk away.

Best wishes..........
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David Jaffe, Agent, Arlington Heights, IL
Thu Mar 10, 2011
If you are still in Attorney Review and Inspection Period, you can ask for inspection items to be repaired or a credit be given by the Seller at closing. The Seller can choose not to fix anything or give a credit, however in this real estate market, why would he risk losing a Buyer by standing firm on not fixing anything?

I would encourage you to have your attorney send off a letter indicating that your were not Buying the home in As-Is condition. If you are not satisfied with the Sellers response, walk away from the deal and get your earnest money back. Make sure you do this within the Attorney Review/ Inspection Period. You also have the right to all disclosures, which also must be signed as part of a valid contract.

Best of Luck,
David Jaffe-SRES, CDPE
Realtor-Coldwell Banker
0 votes
Janet Larsen, Agent, Turnersville, NJ
Thu Mar 10, 2011
I am sure the other agents that answered are not understanding New Jersey's Attorney Review period. If it was never stated as is, and the contracts do not state, "as is", they must abide by the contract. If you contact an attorney during this 3 business day period, they can review and make any necessary changes and guide you properly, but you must act quickly and make sure you use a Real Estate Attorney.

Remember, verbal changes in Real Estate mean nothing.

Janet Larsen, Broker/Associate
Remax Connection
Offc: 856-415-1210, ext. 321
Web Reference:  http://www.njrealtorjan.com
0 votes
Anna M Brocco, Agent, Williston Park, NY
Thu Mar 10, 2011
Since you have an attorney, the best person to answer all your questions is him/her; therefore consider a consultation...
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BG, Home Buyer, Phoenix, AZ
Thu Mar 10, 2011
no contract has been signed and no offer has been accepted, so "as it" is a negotiation tactic from seller side if they detect the buyer may use "inspection" as a way to ask for extra $ after all have agreed on a sell price. Seller is smart !
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Dianne Hicks, Agent, Rancho Bernardo, CA
Thu Mar 10, 2011
These days I have seen people make up whatever rules they want and it is driving me nuts.... It has become a little out of control. I am not an attorney so that where you need to seek your advice but if it is not in writing it will be hard to disbute... Good Luck!!!

Kindest Regards,
Dianne Hicks
HomeSmart Real Estate
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