As-is clause sticks buyer with mold

Law of the Land

In Hunt v. Elephant Real Estate, a home was purchased in a foreclosure proceeding in April 2005. After the purchase, leaks were discovered in the roof and the basement. The leaks were repaired and the property was put up for sale again.

The buyer, Antoinette Hunt, had a contract to purchase the property from the seller that allowed for an inspection, and provided that she had the right to either back out of the sale or request a repair credit against the purchase price if her inspections uncovered work that needed to be done and made her request within a certain number of days.

The purchase contract also included an as-is clause, stating that if Hunt agreed to purchase the property notwithstanding the disclosures and results of her inspections, she would be taking the property as-is and would have no legal claims against the seller or brokers involved.