The “as-is” provision is included in CAR’s purchase agreement form. Does this mean an agent is permitted to sell property “as-is”?
The use of “as-is” in a purchase agreement perpetuates the misconception that “as-is” means the property is sold in its present undisclosed condition. Thus, “as-is” has become synonymous with “no disclosures required” to many agents.
However, any conditions known to the seller or the listing broker which negatively affect the value and desirability of the property must be disclosed. The “as-is” provision does not relieve agents and brokers of this critical duty. [Calif. Civil Code §1102.8]
Further, items to be disclosed are not limited to those preprinted on the transfer disclosure statement (TDS). [See first tuesday form 304]
For more information, and specific commentary on the “as-is” provision included in CAR’s form, see the March 2013 first tuesday article, Does “as-is” mean “no disclosures”?