Archive for August, 2015

Answer:

The residential purchase agreement, C.A.R. Form RPA-CA, already contains a provision in the contract indicating that the property is being sold “as is.”  The language stating this fact can be found in Paragraph 7A:  “Unless otherwise agreed:  (1) the Property is sold (a) in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer’s investigation rights;. . .”

Any language in a counteroffer that just states, “This property is being sold ‘as is’ ” does not add any additional protection for the seller.  The only way the counteroffer will change a provision in the buyer’s offer will be if the seller counters out a specific provision in the purchase agreement.

Example 1:  In the counter offer the seller might state, “Buyer shall order and pay for all inspections and reports listed in Paragraph 4A and 4B, however Seller agrees to order and pay for items required under Paragraph 4C1 and 4C2.  All the inspections and reports in Paragraph 4 must be concluded prior to ___ days before the Close of Escrow.”

Example 2:  In the counter offer the seller might state, “Buyer shall order and pay for all inspections and reports listed in Paragraph 4A, 4B, and 4C.  All the inspections and reports in Paragraph 4 must be concluded prior to ___ days before the Close of Escrow.”

Of course, during the Buyer’s inspection period, the Buyer may ask the Seller to repair certain requested items and the Seller may refuse if the Seller so chooses

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