An “as is” clause in a general purchase contract:
Question & Answer
Review the question and all answer choices
applies only to matters of record.
Option A is incorrect because 'as is' clauses apply to both matters of record and latent defects that should have been discovered through inspection. The clause doesn't limit protection only to recorded issues but encompasses the property's overall condition as agreed upon in the contract.
applies only to things that have been properly disclosed or are visible and observable conditions.
Option B is incorrect because while disclosure of visible conditions is required, an 'as is' clause specifically addresses conditions that may not be visible or observable. If it only applied to disclosed or visible conditions, the clause would be largely redundant.
is valid under the caveat emptor (“Let the buyer beware”) theory.
b. applies only to things that have been properly disclosed or are visible and observable conditions. c. is valid under the caveat emptor (“Let the buyer beware”) theory. d. invalidates the whole contract.
Option D is incorrect because an 'as is' clause doesn't invalidate the entire contract. It specifically addresses the condition of the property while other contract terms (price, closing date, etc.) remain valid and enforceable.
Why is this correct?
Answer C is correct because an 'as is' clause is indeed valid under the caveat emptor theory, which allows buyers to purchase property without warranties regarding its condition. However, this doesn't eliminate the seller's duty to disclose known defects, creating a balance between buyer awareness and seller obligations.
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