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Understanding Purchase Agreement As Is Clauses


Understand how to draft and critique

Many real estate sellers and buyers do not realize the protections a well-drafted "as is" clause in a purchase agreement provides to a seller, or the hazards it entails for a buyer. State laws are in flux as to the extent to which a seller must disclose adverse conditions on real property being sold, which raises questions as to the extent to which "as is" clauses are advisable and enforceable. This topic helps buyers and sellers of real property understand how to draft and critique "as is" clauses in purchase agreements, and how to evaluate whether they are enforceable and suggests effective ways to enforce "as is" clauses. If a seller fails to include a well-drafted "as is" clause in a purchase agreement, or if a buyer fails to reject over-reaching or inappropriate "as is" clauses, the parties to the sale may incur unexpected liability or fail to receive the benefits they expected from the sale.



Gretta C. Spendlove

Gretta C. Spendlove

Dentons Durham Jones Pinegar P.C.

  • Shareholder with Dentons Durham Jones Pinegar P.C.
  • Practice emphasizes commercial real estate, corporate law, business transactions, and trademarks
  • Conducts regular seminars and workshops in fields of real estate contracts, land use and title law, easements and boundary disputes, commercial financing and leasing, and use of LLCs for real estate development
  • J.D. degree, University of Arizona
  • Can be contacted at 801-415-3000 or [email protected]

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