Understand the limits and benefits of AS-IS clauses as they pertain to real estate sales.
Many attorneys know that an AS-IS clause in a real estate purchase agreement is important and think that it should be included (if you’re the Seller) or accepted as a necessary evil (if you’re the Buyer). Sellers often believe that including an AS-IS clause absolves them from any risk or liability in the event defects are found in the house. Buyers may think they have no recourse if they later find defects in their home or property. The truth is more nuanced, as there are exceptions and limits to what Sellers may disclaim, and there are limits to what a Buyer can unknowingly waive.
This presentation will allow attorneys to understand the limits and benefits of AS-IS clauses as they pertain to real estate sales. We will look at some representative samples of case law from around the country to see how courts approach the subject, touch on drafting tips to strengthen your AS-IS clauses, and end with advice on how to better advise your clients on the topic.
Agenda
Overview
- My Background
- What Is an As-Is Clause?
- Examples of As-Is Clauses
Sources of Law
- Contract Law Principles
- Tort Principles
- Selected Caselaw Examples
Limitations and Risks
- Noteworthy Exceptions
- Seller Risks
- Buyer Risks
Advice for Practicing Attorneys
- Drafting Considerations
- Advising Seller Clients
- Advising Buyer Clients
Q and A
Speakers
Rory Bennett,
Farhang & Medcoff Attorneys- Attorney in the firm of Farhang & Medcoff Attorneys
- Practice is concentrated in real estate and corporate law
- Navigate complex real property transactions, represent tenants and land-lords, and guide corporate clients through company formation, mergers, acquisitions, property disputes, and development projects
- Published author
- J.D degree, University of Arizona, James E. Rogers College of Law, Cum Laude
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, real estate professionals, closing specialists, lending professionals, loan officers, directors, branch managers, landlords, building owners, and managers, and accountants.
