Expert: Karyn Foley - 10/27/2009

Question
I read one of your answers on this site re the buyer who bought FL property sight unseen. You referred briefly to the law in CA re "there is no such thing as "As is" property" in CA, that the buyer and seller have to have such wording in the purchase contract and have to be specific about exactly what areas of the property would be agreed to accept as "as is". Am I citing you correctly so far? My question re a home purchase in CA is: a) is this contract/agreement between buyer and seller valid if it only states that the house is to be purchased "as is", but there are no specifics about what exactly is to be accepted as "as is", e.g., leaking roof, plumbing that needs repairing, etc.? and b) what recourse does the buyer have if, e.g., the roof leaked a couple of months after moving in, and there were a couple of large plumbing bills incurred as well, but these particular deficient areas were not stipulated specifically in the purchase agreement/contract?

Answer
Dear Trudy:  I did not quote laws in California.  I said what is commonly understood for real estate language.  Agreements are between buyer and seller and there is little that "has to have such and such wording".  There is a considerable difference about what should be stated and what must be said.  I cannot practice law without a license, so if you need a question answered legally. you should consult a lawyer for what makes a contract valid.  I know nothing about what is practiced in Florida.  Regarding the particular property you refer to in California I do not have a copy of the contract so it is difficult to ascertain how you want it answered.  The buyer should have had an opportunity to have a home inspection on the home.  After the home inspection, the buyer could have either asked for repairs, asked for an allowance to handle specific or all repairs,shared in the costs. or not buy the home.  There are also first time problems, such as with plumbing, roof, et cetera, that can occur one day, one month, one year, from the time the new buyer moves in.  It would be difficult for some one other than a specialist in that particular problem area to hazard a guess as to whether or not the problem was a pre-existing condition.  This is one of the reasons that prudent buyers and seller have a one year home protection plan when the purchase a home.  You buy a home taking all the precautionary measures, such as inspections, protection plans, concise language from professional real estate agents and cover your bases as much as possible.  There are no guarantees in anything, a lot of smart actions, good luck, and good faith.  Owning a home - even a brand-new home - will have issues that require maintenance, repairs, money throughout the years.  You should seek some knowledge from qualified repair people for the specific repairs you are referring to, get it in writing, and have your agent try to work out something with the previous owner.  If you cannot obtain the satisfaction you feel you deserve, you might consider small claims court.  You also have the option of hiring an attorney, or simply accept the costs of home ownership and pay for the repairs yourself, and then move on. The agent who represented you should be able to answer all of these questions for you, especially since they are in possession of the contract.  They cannot represent you legally, nor can their company's legal staff, but they should be able to help you in the correct direction.  Good luck, I know it is disappointing to have to confront these issues during the honeymoon stage of moving into a new home.  I have had to deal with this personally as well.  But please don't it ruin the pleasure of a new home, so please have many happy years in your new place.  Sincerely, Karyn Foley