@Ron Mussatto Solid question, there's a lot of variance in answers here, majority of them are incorrect. I can assure you that, as I do lots of deals that are fixer properties being purchased in "AS-IS" conditions. For your reference, I will point out the correct answers here:
@Brian Garrett - Correct answer.
@Christopher Phillips - Correct but not fully explained.
@Mike McCarthy - Correct.
@Andrew Syrios - Nailed it, correct.
@Wayne Brooks - Correct.
@Frank Wong - Correct.
@Ron Mussatto
@Ron Mussatto - When a buyer has "AS-IS" on the contract, that is basically letting the seller know that they will not be obligated to actually fix anything themselves. If you submit a non-contingent offer with an "AS-IS" clause, you have no "out" in the deal regardless of what you find. You will lose your EMD if you chose to back out. Now, if you had a property contingency on your "AS-IS" offer and after a licensed inspector discovered something that the seller did not disclose or was unaware of, you have two options: 1) You can back out and recoup your EMD or 2) You can let the seller know that due to the findings, it will cost you X amount of dollars, which were not apart of your original numbers, therefore, since it is an
"AS-IS" contract, the seller would need to accept a decreased price from the original purchase price on the contract. If the seller does not wish to decrease, then you back out from the deal with your EMD, if you believe it is a significant discovery and cost to the rehab. Like I said, I do these deals all the time in the Bay Area. Last summer, a client was under contract for a SFR fixer in Downtown San Jose, we had a "AS-IS" offer on the table with a property contingency, after inspections, my client told me he is not going to purchase the house under the current offer price. So I ended up negotiating $110,000 off from the original contract price and we had a done deal. My recommendation is to always have a property contingency, unless it is a complete re-build/gut rehab and you are basically buying for land value.
Good luck to you and your business endeavors.