The 'As Is' Disclaimer and the Sale of New Houses
David Allen Larson
January 1, 1985
Real Estate Law Journal, Vol. 13, p. 238, 1985
When purchasers of new residences from commercial builder-vendors allege a breach of an implied warranty, can sellers prevail by resort to an “as is” disclaimer provision in the real estate contract? The author discusses the leading cases on both sides of the issue, considers the relevance of the Uniform Commercial Code, and analyzes the form of “as is” disclaimers that have withstood buyers’ allegations of breach of the implied warranty of habitability.
Number of Pages in PDF File: 12
Keywords: Disclaimer, “As Is”, house warranty, Uniform Commercial Code, habitability, Section 2-316
Date posted: February 17, 2012