"As Is"

I've seen lots of houses listed "As Is" and I understand what that means.

We signed contracts with contingencies - there are a few things that couldn't be checked by the Engineer due to weather that were listed as selling points (CAC, IGS) - and we want them checked at final walk-thru (or before). The seller's att'y crossed them all out saying it was an "As Is" sale. Doesn't that need to be stated from the beginning?

Can the seller's attorney (who is also the Executor) decide at contract that the house is "As Is"?

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Was the house listed "as is" on the actual listing?

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Yes, he can make it an "As Is" sale...but, did he make changes to the contract after you already signed it? Did your attorney add those things to the contract before you signed?

DOH, I just reread your post. He can't make changes to the k after you signed it w/o your initial/approval so fight for what's really important.

Message edited 3/14/2006 2:40:31 PM.

Re: "As Is"

Nowhere on the listing were the words "As Is".

The att'y wrote the contingencies and we signed...she then faxed the updated contracts to the seller's att'y, who faxed them back to our att'y with the contingencies crossed out saying it was an "as is" sale.

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I think all the "as is" business needs to be there BEFORE you sign, so that you are agreeing to it with your signature.

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What does your atty say?

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Then no, he cannot do that. Like someone just said, any changes to the contract that's already been signed by you, would need you to countersign with your initials to serve as an agreement of the changes that were made to the already signed contract. I would def contest that.

Re: "As Is"

Posted by Colleen9304

Nowhere on the listing were the words "As Is".

The att'y wrote the contingencies and we signed...she then faxed the updated contracts to the seller's att'y, who faxed them back to our att'y with the contingencies crossed out saying it was an "as is" sale.

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I would contest it and bring it to your attorneys attention asap.

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Our att'y is working on it as is the listing agent (who agrees with us that the contingencies are basic and shouldn't be contested). (The listing agent was friends with the seller -who died- and knows the executor who is also acting as the "seller's att'y".)

I just wanted some outside ammo

Thank you!!

Message edited 3/14/2006 2:53:50 PM.

Re: "As Is"

Well go and flip that switch onto b!tchmode and go get them! Good luck!

Re: "As Is"

Posted by Colleen9304

Nowhere on the listing were the words "As Is".

The att'y wrote the contingencies and we signed...she then faxed the updated contracts to the seller's att'y, who faxed them back to our att'y with the contingencies crossed out saying it was an "as is" sale.

Message edited 3/14/2006 3:04:00 PM.

Re: "As Is"

Posted by My2Boys

Posted by Colleen9304

Nowhere on the listing were the words "As Is".

The att'y wrote the contingencies and we signed...she then faxed the updated contracts to the seller's att'y, who faxed them back to our att'y with the contingencies crossed out saying it was an "as is" sale.

The k isn't fully executed until you agree to his changes, which you obviously don't. If you feel that your contingencies are deal breakers then your atty should fight for it. You should be able to come to an agreement unless the exector is a complete azz.

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Our seller's atty tried to do this as well and our atty flipped! He said changing it made the contract null and void. Don't let them bully you!

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One party cannot unilaterally change the terms of the contract. Defeinitely speak to your attorney.

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The seller's atty sent over the contracts without customary, contractual contingencies (ie: making sure the heat, electric and appliances are in working order and that there are no leaks in the roof at the time of closing) so our atty added them and faxed them back to the seller's atty.

She then decided to cross all that out (in addition to the other stuff we added - wanting the IGS tested since they weren't winterized and check the CAC since it was too cold to do it at inspection). Fine, we'll waive that stuff if you want to be a complete arse about it...but we're not waiving that other stuff. Our bank won't give us the mortgage if the electricity & heat aren't working! And since it's not our house until closing, it's the seller's responsibility to make sure everything's in working order until closing.

Ugh.

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