Louisville, CO asked in Real Estate Law for Oklahoma

Q: When property is sold in as is condition can buyers sue for repairs after the fact in Oklahoma

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO

A: This relates to jurisdiction. Unless there is some aspect of the deal in OK (the land, a party, the location where the sale occurred, etc.), OK should not have jurisdiction over the sale.

As a secondary matter the "as is" usually voids/disclaims most liabilities (excluding knowing fraud).

In other words, you likely have two strong grounds to seek summary judgment (defeating a claim before a full trial). You may need to contact a lawyer in OK (esp. if you intended to assert a direct jurisdictional challenge).

Ben F Meek III
Ben F Meek III
Answered

A: Assuming the property was sold "as is" in Oklahoma, there would be limited grounds upon which to base a lawsuit for defects in the property, though fraud or misrepresentation might be one. However, there may be problems with the sale documentation or notices and disclosures, etc., that may provide other grounds for relief. An experienced real estate lawyer would need to review your sale documents and all disclosures, etc., and ask you about the reports from property inspectors prior to sale as well discovery of the problem and other issues as well. Good luck.

PS: My comments here are for general information only and are not legal advice about your particular situation nor do they create an attorney-client relationship with me. Consult an attorney in the appropriate jurisdiction for legal advice about your specific circumstances and what laws may apply.

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