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
Date Written: January 1, 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.
Keywords: Disclaimer, “As Is”, house warranty, Uniform Commercial Code, habitability, Section 2-316
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