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Updated over 6 years ago on . Most recent reply

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Henley H.
  • Jackson, WY
9
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88
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Property disclosure mandatory if selling 'as is'?

Henley H.
  • Jackson, WY
Posted

We have a home we're preparing to sell- it's essentially a flip that we've had for only a few months. We live in a state that generally requires a property disclosure, however, we would like to avoid it if possible and sell the home 'as is' and request all offers be accompanied with an 'as is' addendum. We've seen banks do this with REO properties in states that typically require a property disclosure. Has anyone else done this and, given that the banks do it with their reo's, can private sellers do the same?

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

As Is, or not, has no bearing on state disclosure laws.  Banks can do this because they truly never did occupy or oversee the property on an ongoing basis, so they have no knowledge of specific property conditions.  

You, on the other hand have actually been repairing the property, so you can’t p,was ignorance.  You can however respond “do not know” on matters you really don’t know about.

But, why does this concern you if you’re not trying to hide something?  A flip Should be truly “ready to go”.

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