Legal Question in Real Estate Law in New Jersey

Selling as is

im in the process of selling my house as is. the ad says as is, buyer is responsible 4 any inspections, certificates. c/o etc. as people came to look at the home i made sure b4 entering the door they understood being sold as is. got an offer that was exceptible. my question is what kind of value do the words as is have? what is my responsibility? do i have to bring anything up to code b4 selling? i realize the smoke/carbon detectors r a saftey thing, in 29 yrs i never got any. y cant the buyer pay 4 them? after all they will live there. are there guide lines when selling as is? r they different then selling move in conditions?


Asked on 4/19/07, 11:17 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Selling as is

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Answered on 4/19/07, 11:20 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: Selling as is

Usually, "as is" includes inspections by the buyer to make sure there are no major defects to the structure or systems of the house. If you want completely as is, you must make sure the contract either removes all inspections clauses or says they are only for buyer's information. This may be harder as to pest and radon inspections. As to the smoke detector/carbon monoxide detectors, it is a state requirement that any seller comply with the law and have an inpection by a town official to obtain a certificate of compliance to be presented at the closing.If you need any further help, our office specializes in real estate and we can help make your sale go very smooth.

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Answered on 4/19/07, 11:30 am
John Corbett Corbett Law Firm LLC

Re: Selling as is

1. If you really mean that you want to sell the house as is with no warranties, you should have a lawyer draw the contract of sale for you. The "standard" realtor's contract will not server you well because even when the words "as is" are written in, the contract form still contains wording about warranties for the heating, plumbing, electrical and air conditioning systems. It also frequently provides for an inspection period and some responsibility on your part to spend money to make repairs.

If you want to avoid all that, you will need to offer a different contract. So, you should see a lawyer near you.

As to the smoke alarm, in most jurisdictions it is a condition of sale.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/19/07, 12:12 pm


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