Back to News

Understanding the “As Is” Clause When Buying and Selling Real Estate

Published on

October 3, 2018

Recently, the Pennsylvania Superior Court ruled in a Dauphin County case that an “as is” clause in an Agreement of Sale for real estate does not eliminate the obligation by the seller of residential real property to complete a seller’s Disclosure Statement for the property, which is intended to disclose any known material defects with the property.

The purpose of an “as is” clause is to force the buyer to rely upon its own investigation rather than upon the seller’s representations in determining whether or not to purchase the property. However, this does not mean that a seller can withhold information relevant to the condition of the property.

Accordingly, sellers can best protect themselves from liability for misrepresentation by taking the following steps:

  • disclosing any defects known to the seller that are not readily discoverable by the buyer;
  • using an “as is” clause in the real estate purchase agreement; and
  • granting broad inspection rights to the buyer.

It is important to have sound advice when preparing to buy or sell real estate. An experienced real estate attorney can anticipate, identify, and resolve problems that may arise, including a review of a proposed purchase agreement and continuing through the real estate closing.


Related News

View More News
Press Release
January 27, 2025

Barley Snyder Partner Jeremy Frey Named Executive Co-Chair of 2025 York Walk to End Alzheimer’s

For Immediate Release Hanover, Pa. – Barley Snyder partner Jeremy D. Frey has been named an executive co-chair for the Alzh...

Learn More
Press Release
January 16, 2025

Barley Snyder Attorney Beth Kohl Named to Berks County Bar Association Board of Directors

For Immediate Release Reading, Pa. – Barley Snyder attorney Beth M. Kohl has been elected to the Berks County Bar Associati...

Learn More
Press Release
January 15, 2025

Barley Snyder Attorney Adam Boyer Named to Gettysburg Hospital Foundation Board of Directors

For Immediate Release Gettysburg, Pa. – Barley Snyder attorney Adam D. Boyer has been named to the Gettysburg Hospital Foun...

Learn More

Other Upcoming Events

View All Upcoming Events
Apr
08
12:00 pm
-
6:00 pm
event
Location

LendiCon 2025

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers