How much protection does an “as is” contract givea seller?

Get Legal Help Today

 Secured with SHA-256 Encryption

How much protection does an “as is” contract givea seller?

I am executor of my moms trust. I recently sold her home under an “as is” contract. I just received notice from the buyers attorney for any and all claims related to the failure of disclose real estate defects to said property. Prior to the sale, the buyer had the home inspected and everything about the house was disclosed, no information was withheld. What can happen? The monies in the trust have not been distributed to the heirs. Does this buyer have a leg to stand on?

Asked on August 3, 2010 under Real Estate Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I doubt that the buyer has anything going for him, other than the fact that he's holding back the escrow.  This might be based on real issues with the property, or not, but in either case I doubt that the law is going to help the buyer, if you are willing to fight;  "fight" in this context includes paying a lawyer to do the work.

If you complied with the law as far as disclosure, the "as-is" clause and the buyer's own inspection should protect you.  Most courts will hold that a buyer who does an inspection relies on that inspection, and therefore does not rely on anything the seller did or did not say.  The exceptions to this usually revolve around a deliberate concealment of a known hazard that could not reasonably be found by inspection.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption