Legal Question in Real Estate Law in Missouri

We recently signed a contract to sell our house and the buyer has stated that due to a busy schedule they would like us to provide a home warranty and they will then sign an as-is agreement and skip inspections. We have noted all known issues on the seller's disclosure. Are there any reasons why we should not agree to this request and have them do an inspection?


Asked on 8/12/14, 6:37 am

1 Answer from Attorneys

Anthony Smith LawSmith

It is common for sellers to provide a Home warranty plan for the buyer. They often last 1-2 years. But, most warranties don't cover everything that an inspector would look at, and most inspectors don't examine everything that a warranty covers. The best case scenario is for there to be both, an independent examination by an inspector of the Buyers choice, and a warranty plan to cover what little things might pop up with appliances, utilities, and finishes, if not structural items. The extent of the warranty coverage effects its cost. Therefore, it is an economic decision between the buyer and seller as to how extensive of a warranty to procure.

If the buyer has an opportunity to examine the proposed warranty so they know what it doesn't cover, they can assess the security it provides. If the buyer accepts that warranty and formally waives their right to have an independent inspection, the seller can be somewhat protected in an "As Is" sale. There is no guarantee that the buyer will not sue the seller, but doing the documentation right, can make it less likely that the buyer will prevail. The Seller might even include a reimbursement of seller's attorney fees and costs as part of the As Is agreement.

Good luck

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Answered on 8/20/14, 9:28 am


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