Schenectady, NY asked in Real Estate Law for New York

Q: A house is listed "as is", if I ask exactly what that is referencing, do they have to tell me?

The house is on the market at a good price and has been listed as pending twice but come back on the market. I'd like to know if there is a problem before going through the putting in a bid. Also, there doesn't appear to be any access to the attic - it is a shed type roof but one would need to check it out for moisture.

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3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You are allowed to inspect it with a licensed home inspector before signing a contract. If you cannot have access to everything, move on to another deal. The seller does not have to say anything.

Barry E. Janay agrees with this answer

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: A licensed home inspector will help you find out if there are problems with the structure and even many aspects of the land the property is sitting on. An attorney can help you evaluate if there are any non-engineering or mechanical liability issues. "As is" means just that... CAVEAT EMPTOR (let the buyer beware).

Marcel Wurms
Marcel Wurms
Answered

A: Hire a good home inspector. Point out the areas of your concern to the inspector, so he can zero in on them. If you don't feel confident after the inspection, move on. There are plenty of houses out there.

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