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Selling a home “as is” – what does that really mean?

Posted by Anthony Serra | Feb 14, 2023 | 0 Comments

Surprised Seller!!

It happens a lot – people think they are selling their home “as is” only to get a long laundry list of repair requests from the buyer after having the house inspected. Surprised, they wonder how does that happen?

Well, the reality is all sales are “as is” in the sense that a buyer cannot come back to a seller to complain about something wrong with the property after closing (unless there was some type of fraud), but that does not mean the buyer cannot raise repair issues pre-closing. The only true “as is” sale is where the buyer doesn't care about the condition of the home. Usually, this is in cases where the buyer intends to tear down or gut the home. In tear down situations, the contract is drawn up to eliminate the inspection contingency.

So long as the contract is contingent on an inspection of the home, it is not a pure “as is” sale. Therefore, if you wish to sell your home as a true “as is” offer, you need to remove any inspection contingency clause in the contract, or at least narrow the inspection contingency to major items such as the septic system or the presence of an underground storage tank (UST). The more specific you are in defining what is included in the inspection contingency, the more "as is" your sale will be.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  


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