[WSBARP] "As is" clause

Thu Apr 24 11:29:03 PDT 2014

“As Is” is not defined in real estate law in Washington, and therefore, I
recommend you be clear what “As Is” exactly means.  Below is a useful
clause.

Purchaser is buying the Property “as is” and in consideration of the
negotiated purchase price, Purchaser agrees that upon closing of the sale
of the Property, Purchaser waives any and all causes of action against
Seller, its agents and all other persons or companies acting on behalf of
the Seller, for defects on or to the Property, including, but not limited
to: (a) the condition of the Property for Purchaser’s intended use or for
any use whatsoever; (b) the presence of hazardous or toxic substances on
the Property; (c) whether or not the Property complies with any applicable
building, zoning, fire or housing code provisions, governmental laws or
regulations, or any required permits; (d) the location of the Property’s
boundaries and the presence or absence of encroachments upon the Property;
(e) whether the Property is served by a public water main, public sewer
main, or other utilities and the condition thereof and the access thereto;
(f) the presence or absence of underground heating oil tanks or petroleum
based contaminants; (g) lot size, dimension or square footage of the
Property; (h) adverse possession and prescriptive easement claims against
the Property; and (i) any other matter relating to the Property or the
Property’s condition.  

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Kokie Adams
Sent: Thursday, April 24, 2014 11:25 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] "As is" clause

Here is one I used for a situation where a Trustee of a Trust was selling
residential property – not sure if it will help in your situation

CONDITION OF PROPERTY.  THE BUYER UNDERSTANDS THAT THE SELLER IS THE
TRUSTEE OF A TRUST AND CONSEQUENTLY SELLER HAS LITTLE KNOWLEDGE CONCERNING
THE CONDITION OF THE PROPERTY. AS A MATERIAL PART OF THE CONSIDERATION TO
BE RECEIVED BY SELLER AS NEGOTIATED AND AGREED TO BY THE BUYER AND SELLER,
THE BUYER ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN “AS IS”
CONDITION AT THE TIME OF CLOSING.  BUYER HEREBY WAIVES THE RIGHT TO
RECEIVE A FORM 17 DISCLOSURE STATEMENT UNDER RCW 64.06.

__________ 

Seller initials

___________ 

Buyer initials

Kokie Adams

Purcell & Adams, PLLC

Office:  425.774.0444 | Fax: 425.771.2711 

kadams at purcelladams.com 

From:  <mailto:wsbarp-owner at lists.wsbarppt.com>
wsbarp-owner at lists.wsbarppt.com [mailto:wsbarp-owner at lists.wsbarppt.com]
On Behalf Of Roger Dunaway
Sent: Thursday, April 24, 2014 11:05 AM
To: wsbarp at listserv.nethelps.com
Subject: [WSBARP] "As is" clause

I have a client selling residential property at a great price “as is.” 

Does anyone have a good “as is” clause that I can use for the P&SA?

Thanks,

Roger

Law Office of Roger T. Dunaway, PLLC
321 High School Rd. NE STE D3 PMB 612
Bainbridge Island, WA 98110-2648

206-842-2003 Office
206-719-4396 Mobile  
206-338-3154 Fax

 <mailto:roger at rtdlaw.com> roger at rtdlaw.com

 <http://www.rtdlaw.com> www.rtdlaw.com

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Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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