We looked at this Schedule “B”:
“The Buyer acknowledges that the property is being sold “as is and “where is”. The Seller makes no warranties as to the following, but not limited to: structure, wiring, plumbing, insulation, water damage, environmental. The Buyer acknowledges having done their own due diligence in regards to the above mentioned prior to signing this Agreement of Purchase and Sale”.
Actually, it has no additional meaning. This is the law whether it’s mentioned or not. The law is caveat emptor. The Buyer bargains for what is there. The Seller makes no warranties. This basic legal principle goes back hundreds and hundreds of years.
So, why embarrass yourself by using this clause? It simply demonstrates that you don’t know the law.
Also, the concept is “as is, where is” ….. that is four words!
There is also the concept of “as is”. This has the exact same meaning as the four words, it’s just an abbreviation! It’s the “short form”.
However, there is no such expression “where is”. What does that mean? It means that you don’t know what you are talking about.
And, finally, you don’t know how to write a sentence in English.
Here’s what you said:
“The Seller makes no warranties as to the following, but not limited to: structure, wiring, plumbing, insulation, water damage, environmental.”
If it were written properly it would have said:
“The Seller makes no warranties as to the following, (namely____________) but not limited to: structure, wiring, plumbing, insulation, water damage, environmental.”
You left out an important part of the sentence. So, you just look a little goofy here. That’s all.
Brian Madigan LL.B., Broker