Maribel Yepez-Fernandez, Helping families making their dream homes into rea (United Realty Group)

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Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Just because a listing states it is an As Is sales does NOT mean the buyer is not allowed to ask for repairs

It simply means the seller may or may not do them - negotiate it and go from there but make sure your buyers are aware they may have to walk away!

May 09, 2017 02:57 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Buyer is entitled to make their own decision - to move ahead, request repairs (even if "as is") although seller may do nothing, or move on.

May 09, 2017 03:01 PM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

I just negotiated all appliances convey in working condition on an as-is and got it; negotiate.

May 09, 2017 06:44 PM
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

I am sure that you know that in Florida, while the seller must disclose, it does NOT have to be in writing.  SO...unless you made the sellers disclosure a part of the contract, it is not to be relied on as a contractual issue.

The buyer is entitled to accept the deficiencies, re-negotiate the deficiencies or either walk away from the contract.


May 09, 2017 03:01 PM
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

 In the state of Florida, AS - IS does not mean the buyer is not entitled to an inspection. AS - IS does not waive the buyers right to cancel at 'buyers sole descretion' without need to state cause. (FAR-BAR contract)

AS - IS in the State of Florida simply removes the OBLIGATION from the seller to make ANY repairs.

Negotiations are negotiations. 

The things you state are rinky dink. If its a worthwhile house, negotiate.

May 09, 2017 02:36 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Inspect, review the report, walk away, re-negotiate, or accept "as is" per the contract. 

May 10, 2017 03:31 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy


Jennifer Mackay gave you a wonderful answer.  A

May 09, 2017 04:53 PM
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

What does the buyer want to do? The buyer can terminate based on inspection. Or the buyer can choose to move forward knowing that there are issues. The listing agent should be notified of the issues and the disclosure statement should be changed for any future buyer.

May 09, 2017 03:05 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Sounds like buyer can walk away if "as-is" contract has a right of inspection! OR, request seller put things in working condition per the disclosure. If no mention of double tapping, it is what it is! Ball is in buyer's court!

May 09, 2017 02:41 PM
Mick Michaud
Distinctly Texas Lifestyle Properties, LLC Office:682/498-3107 - Granbury, TX
Your Texas Lifestyle is Here!

Nothing says they have to be working.  Just that they convey.  If the seller stated in the discolure that they were working then that becomes a matter of negotiation. 

May 09, 2017 10:52 PM
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

If the appliance is there but not working it needs to be disclosed as such

May 09, 2017 07:42 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

It is hard to believe from 4/28 to inspection a few days later that the working appliances are now not working. Even with an as is contract, seller needs to be truthful.

May 09, 2017 07:24 PM
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

In Wisconsin we see as is listings, however the buyer still has the right to have inspections and additional testing. At that time, the buyer can:

1.  Continue moving forward

2.  Negotiate with the Seller

3.  Kill the deal if there are major defects that buyer cannot deal with

Depending on the situation, I would think that a seller would seriously consider re-negotiating the terms of the contract to satisfy the buyer rather than start the process all over again.  The buyer was serious when they wrote the offer (in good faith) and probably just wants what is fair.  Seller should have disclosed that the appliances were not working. Seems suspect that they didn't know there was that problem?  Not for me to judge ... just MHO.

May 09, 2017 04:14 PM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

What is the buyer want to do?

May 09, 2017 02:54 PM
Sean Casey
Patterson-Schwartz Real Estate - Newark, DE
Greenville, Hockessin, Newark & Bear Homes

In my state, the buyer could walk or accept the property.  They could ask the seller to fix anything that doesn't work, but if the seller refuses-they walk or accept.  My best advice is to consult your broker or an attorney that knows the contract law in your state.  One of the great things about ActiveRain is you can see that there are many differences from state to state in how things are handled.

May 09, 2017 02:52 PM
John Duke
Staging By John - Burlington, NC
We stage your home to show it at its best!

An old question and one that has many answers for you already

Apr 29, 2018 07:58 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Our contracts are AS IS also, but buyers have the right to ask for unsatisfactory items to be repaired.

May 12, 2017 10:21 AM
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Didn't you generate a Repair Addendum as a result of the Home Inspection?

May 11, 2017 06:38 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

this is why a home inspection is necessary.... if you're going to go forth and fall into the "as is" scenario, be prepared for many things to not work properly or not at all.... maybe the appliances were in working order at the time of the listing input.... stuff happens.... home inspections find it....

May 10, 2017 12:01 PM
Kathleen Daniels, Probate & Trust Estate Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

You get what is negotiated prior to and after the inspections. Understanding the "As Is" clause is most helpful.  Many, if not most agents to not fully grasp "as is".  

May 10, 2017 08:52 AM
Ryan Huggins - Thousand Oaks, CA - Thousand Oaks, CA
Residential Real Estate and Investment Properties

IF the seller disclosed that the appliances were working and an inspection found otherwise, it is reasonable to request they be fixed.  If an unsafe condition is exposed by an inspector, it is reasonable to request it be fixed.


In Cali all contracts are as-is by default, but buyers still have the right to request repairs.  Yours I feel are reasonable.

May 10, 2017 08:17 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Yes, working appliances, regardless of "as is".

May 10, 2017 07:51 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Everything should be "as advertised Maribel Yepez-Fernandez and I would not let my Buyer close until all was right.

May 10, 2017 07:36 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Maribel Yepez-Fernandez "As Is" usually means the seller will not do any repairs or make any concessions. However, everything is negotiable. Your buyer can always counter.

May 10, 2017 06:47 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Gary L. Waters, Broker Owner, Waters Realty of Brevard, LLC nailed this one!

May 10, 2017 06:13 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

The as-is means that it really is as presented and stated by the seller.  You can ask for these repairs, but the seller doesn't have to comply.  So, you can walk away.

May 10, 2017 05:58 AM
Harry F. D'Elia III
Avant Garde Residential Management Services - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

put it in the contract itself

May 10, 2017 05:42 AM
Roy Kelley
Retired - Gaithersburg, MD

'As is' means what it states. Follow the terms of your contract.

May 10, 2017 05:33 AM
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

It seems unusual that both appliances would be dead. I suspect you need to reset the breaker. Even if the breaker is in the "ON" position it could still be tripped. Turn it all the way off and all the way back on again.

May 10, 2017 05:23 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

You wrote the as-is contract. What's the def of that? No inspection or visual on those appliances before you wrote contract?

May 10, 2017 04:57 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

The underlying question is wether seller knew those appliances did not work and didn't disclose the fact. Most contracts are "as is," but it doesn't mean a buyer can't request a seller to repair.

May 10, 2017 04:37 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Depends on purchase contract.

May 10, 2017 03:01 AM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Jennifer Mackay has a great answer...

May 09, 2017 11:39 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

As Jennifer Mackay said - you can still request repairs, walk away or accept the appliance issues.

May 09, 2017 08:43 PM
Toronto, ON

Laws and regulations vary from jurisdiction to jurisdiction.  Consult legal counsel for the relevant jurisdiction.

May 09, 2017 07:58 PM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I woudl use the disclosure and ask for them to be repaired or replaced. You can ask for anything, even if as is. 

May 09, 2017 06:33 PM
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Just because it is as is purchase, it does not mean the buyer can't ask for repairs. 

May 09, 2017 05:39 PM
Anna Banana Kruchten Phoenix Broker
HomeSmart Real Estate - Phoenix, AZ

I'd ask the buyer what they want to do - ask for repairs or take as is? Here in AZ even thou the contract is an as is contract buyers may ask for repairs during the inspection period unless it's been waived - which I don't recommend. Gives the sellers a chance to make repairs - or not.

May 09, 2017 04:34 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

I'd talk to the buyer..what do they want..never hurts to ask for repairs..what's the worst that can happen..they say no! Buyer can always walk.

May 09, 2017 04:31 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

As Is, seems pretty clear, at least with the inspection they know what needs to be fixed.

May 09, 2017 03:55 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     If you are on the FAR-Bar ASIS 4 Contract, the Buyer can terminate during the Inspection Period.  See line 242, paragraph 12, Buyer Right to Cancel

May 09, 2017 03:49 PM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Our AZ contracts were recently changed to convey the property as-is and remove all seller warranties. As-is means the seller doesn't warranty anything, and buyer accepts property in the condition as of contract date. Sounds to me like as long as buyer is within their inspection period, they can decide to proceed or cancel. They can also try to negotiate repairs. The seller's just not obligated to make any. I think your bigger concern is that MLS and disclosure statement indicate something not currently true. The executed contract trumps those, however. Plus, the MLS and the disclosures both have little disclaimers.

May 09, 2017 03:39 PM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Several good response from our Rain friends

May 09, 2017 03:26 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Well you just proved wrong a fact represnted incorrectly. Either the price adjusts, remove the range or repair it. It is a minor issue. Keep it that way

May 09, 2017 03:22 PM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I never do and as is contract and I am past 26 years in real estate. I don't think it is a good idea and I always make sure even if repairs are not asked for to put in contingent on buyers acceptance of inspection report. It is not that I don't trust people, well maybe I don't.

May 09, 2017 02:29 PM