Muskegon, MI asked in Real Estate Law for Michigan

Q: Does an "AS IS" offer hold up in Michigan Real Estate Law?

House under contract, Seller countered Buyer's offer and added in the Purchase Contract an "AS IS" clause and was accepted by the Buyer. Buyer had inspection performed and now wants to come back asking for me to reduce price for items that were found on the inspection, even though we have a signed "AS IS" offer. ??? Can they do this or is my contract binding with "AS IS" offer?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: The facts you state don't completely jive with an 'as is' contract.

Was there an 'inspection' clause? Why would you do that if the offer was really 'as is'? Under the law, unclear provisions are construed against the drafter in most cases.

Without seeing the WHOLE contract it is well neigh impossible to provide advice. This boils down to the difference between an off the cuff internet search and a real legal opinion,

You should take that FULL offer to a real estate lawyer to review and (this is water under the bridge, but still...) BEFORE YOU SIGN ANYTHING you should have done that in the first place. There MAY be wiggle room in that contract to allow the buyer to do what is described here, or there may NOT.

Without a detailed review it is impossible to say.

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