Question:
How should AS IS be in which exact way: (To be valid in court)
‘AS IS’
“AS IS”
AS IS
(AS IS)
AS-IS
Answer:
You don’t even have to use the words. They are presumed if you say nothing. If you are not happy with that, then say something else.
This is the case, and most recently confirmed by the Supreme Court of Canada in Fraser-Reid v. Droumsekas (1979) where Chief Justice Dickson said:
“…. notwithstanding new methods of house merchandising and, in general, increased concern for consumer protection, caveat emptor remains a force to be reckoned with by the credulous or indolent purchaser of housing property. Lacking express warranties, he may be in difficulty because there is no implied warranty of fitness for human habitation upon the purchase of a house already completed at the time of sale. The rationale stems from the laissez-faire attitudes of the eighteenth and nineteenth centuries and the notion that a purchaser must fend for himself, seeking protection by express warranty or by independent examination of the premises. If he fails to do either, he is without remedy either at law or in equity, in the absence of fraud or fundamental difference between that which was bargained for and that obtained.”
Essentially, all deals are “as is” unless you add something to the contract.
Brian Madigan LL.B., Broker