Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
While "as is" indicates that there is no warranty that goes with the house, that does not implicate the need to disclose. An As Is contract does not relieve the seller of a duty to disclose. Defects that materially affect the value of a property which cannot be readily observed by the buyer must be disclosed by the seller. But that being said, sellers can only disclose what they are aware of.
If you did not know about the mold, then with the as-is clause, as well as the lack of knowledge (and I assume you still gave a disclosure) would mean that they couldn't come after you.
Only if they could prove that you knew but willingly withheld that information would they have a case against you.
Yes, I did sign a disclosure and can't possibly imagine how they could prove otherwise.
So you could respond saying that you had no knowledge of that issue, and that since they took the house "as is", they assumed the risk of that happening.
Basically they assume the risk of that, and could have conducted an investigation before closing to see about this, but that's going to be on them.
It seems as though they're hoping for a quick settlement, with the "threat" of a lawsuit, but without any teeth to it.
So I basically put it back in their ballpark?
They would have the burden of proof on this, and without any proof that you knew about it, they can't show that you failed to disclose.
And with the "as is" language, you don't warrant that it would be free of any defects, but rather that you disclosed the known defects.
Thank you Scott. This really upset me because I took it personally; don't like being accused of lying. Thanks again.
I understand, and my pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!