What is the effect of an “as is” provision in an agreement?

A valid “as is” agreement negates the element of causation necessary to recover on claims regarding the physical condition of the property.  The terms of a typical “as is” clause also disclaim the existence of any express or implied warranties.  By agreeing to purchase the property “as is,” the buyer agrees to make his own assessment of the bargain and to accept the risk that he may be wrong.

The seller gives no assurances, express or implied, concerning the value or condition of the thing sold, and the buyer chooses to rely on his own determination of the value and condition of the purchase, thus eliminating the possibility that the seller’s conduct will cause him damage.  There are no third party beneficiaries of an “as is” clause and it is not equivalent to an indemnity obligation.

Do you have questions? You can get our FREE ebook, Environmental Litigation: What Every Attorney and Environmental Professional Needs to Know, just by providing your name and email address at this link.  We promise your information won’t be shared with third persons. And if you’d like to speak with me about your case, I welcome your phone call at 972-850-8490. I look forward to speaking with you.