“As-Is” Addendums in Real Estate Purchase Contracts
Caution should be exercised, and buyers should work with experienced real estate attorneys, when considering purchasing home from business entities or individuals who recently purchased and renovated the property with a contract and an attached addendum making the sale “as-is” and releasing the seller(s) from any issues related to the renovation, including any compliance with building codes. “As-is” typically also means that the home is being purchased in its current condition and the seller will not be making any repairs prior to the transfer to the buyer.
Potential Surprises & Specialist Costs
In some cases, real estate investors have purchased a distressed home and fixed it up to sell it, and, in some cases, they end up cutting corners and/or lack the experience to do a proper job. It is then up to the buyer to be as diligent as possible – and rely on additional advisory experts, which add up in terms of home buying costs – in order to ensure that the work has been done correctly, and they are buying the home in the state they expect to be. Specifically, sometimes this goes beyond hiring a thorough home inspector and requires additional inspections, especially to look for any potential structural damage. Home inspectors are generalists, which means that they may notice an issue on a superficial level and recommend that you follow up with someone who knows more about a particular issue, such as an engineer for structural issues, or a plumber, electrician, etc.
Checking for Permits
You and your attorney will also need to ensure that the proper permits were obtained for any and all renovation work done; typically from the city or county; in order to find out whether any unpermitted work was done on it. If any permits taken out by the previous owner(s) were not approved by the city, they can remain open and end up affecting your investment.
A number of renovators who own these properties create companies just for that particular home sale, and close the company after the sale, making it difficult to hold them accountable if they breach the sale contract in any way.
Contact Our Columbus & Dayton, Ohio Real Estate Lawyers For Assistance
The real estate lawyers of Kohl & Cook Law firm LLC are prepared to assist you in any and all real estate transactional matters, including ensuring that a buyer-seller contract is sound, and the “as-is” addendum clause isn’t a dangerous trap. Contracts can include an attorney review period in order to ensure that your attorney has the opportunity to properly review the contract and check it for problems. Contact us today to schedule a free consultation and find out more.