The 'As Is' Disclaimer and the Sale of New Houses

Real Estate Law Journal, Vol. 13, p. 238, 1985

12 Pages Posted: 17 Feb 2012  

David Allen Larson

Mitchell | Hamline School of Law

Date Written: January 1, 1985

Abstract

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.

Keywords: Disclaimer, “As Is”, house warranty, Uniform Commercial Code, habitability, Section 2-316

Suggested Citation

Larson, David Allen, The 'As Is' Disclaimer and the Sale of New Houses (January 1, 1985). Real Estate Law Journal, Vol. 13, p. 238, 1985. Available at SSRN: https://ssrn.com/abstract=1937214

David Allen Larson (Contact Author)

Mitchell | Hamline School of Law ( email )

875 Summit Avenue
Saint Paul, MN 55105
United States
651-290-6388 (Phone)

HOME PAGE: http://mitchellhamline.edu/biographies/person/david-larson/

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