A property was noted: “As Is” in listing, but no reference in the Agreement.
There was no “inspection” done with a Home Inspector. Upon last visit, the AC is sounding rough and ice is appearing. Buyer wants it rectified and Seller says “no”. APS says:
1. nothing in the offer about AS IS ONLY on the appliances, and
2. There is the clause about warranting Chattels & Fixtures to be in good working order upon closing.
What are the Buyer’s options?
The default position, nothing said to the contrary is that all agreements for real estate are “as is”.
In this case, however, the Buyer has a good working order warranty. That is a specific term of the agreement and it is enforceable.
There is no right to a holdback unless it is specified in the agreement.
The Buyer can close under protest and sue for damages.
The Seller would be better off to deal with the issues now, rather than later.
Brian Madigan LL.B., Broker