What It Means To Buy A Home In "AS IS" Condition.
When you buy a home in "as is" condition, you're buying it the way it stands. But for some home buyers,
"as is" condition is a little confusing. They're not sure if it means
they can go back and sue the sellers if something is wrong physically
with the house, or if the house
also comes with the furniture and fixtures the way they saw it when
they made their offer. What does buying a home in "as is" condition
It’s truly “buyer beware.”
Q: When we put in an offer to purchase a former model home from the
developer in "as is" condition. We thought it came
with the furniture in the home office. Our Realtor came by our place and
told us the furniture was being moved to another condominium in the
development and that the owner of the development was making that their
office. We found out later that the "owner" was just a regular buyer
like us - and did not even own the furniture when we looked at buying
the house. My questions are: first, does buying something in “as is”
condition typically include furniture? Second, is there any possible
A: It appears that you're confusing the terminology. When you buy a
piece of property in "as is" condition, it generally only refers to the
condition of the real property you are purchasing.
Real property refers to the house and the land on which it sits. On
the inside of the house, it would include any fixtures, which would be
items like attached or built-in light fixtures or built-in bookcases
that are permanently attached to the property. Heating and cooling
systems are generally included as fixtures and some kitchen appliances
are considered personal property, although in some areas of the country,
home sellers take some or all of the kitchen appliances, including the
stove and refrigerator.
Personal property refers to the contents of the house, including the
furniture and any items that are not permanently affixed to home. An
example of the difference between real property and personal property
would be a home’s garage. A stand-alone garage is generally considered
to be real property, but the car inside is personal property. In a
typical residential contract, the garage is viewed as part of the home.
The car in the garage is personal property owned by the seller of the
home and is usually not included in the purchase.
When you buy in "as is" condition, it means you purchase the home
without regard to the physical condition. So, if there is a problem with
the roof leaking, you cannot go back to the sellers and claim that they
tried to hide this defect in the property. "As is" means you get the
house as it is, without representations as to the condition of the
property from the sellers. It’s truly “buyer beware.”
As to your specific question about the personal property coming with
the real property in the purchase, you’d need to look at the terms of
the purchase and sale agreement you signed. If you wanted anything that
is typically considered to be personal property included in the deal,
such as specific pieces of furniture, appliances, or other items, you or
your Realtor should have written it into the contract. If it’s written
into the contract, the seller should be obligated to leave it in the
home for you.
There is a space in most purchase contracts that permits you to name
the specific items that are to be left along in the house. Most
contracts have detailed language relating to what needs to stay as part
of the home and what the seller can take. Some contracts specify that
tacked-down carpeting must remain. Other contracts go further to require
the seller to leave all planted vegetation.
If you expected the furniture to stay, you need to assess how you
came to believe that you would be entitled to get it as part of the
contract. I know of a case where a home buyer liked the flat screen TV
hanging in the living room of a home he was about to buy and believed
that it would be his after closing. Imagine his surprise when he went to
the home for the preclosing inspection and saw that the TV had been
unplugged and taken on the wall mount. The TV had not been listed as an
item included in the listing sheet nor in the contract and the buyer was
out of luck.
Please Have That Home Inspected.
Andy's Eagle Eye Home Inspections LLC
Please contact us to schedule your Inspection.