CA-As-Is-Case-Precedents

This website was created to clarify the phrase "As Is"...

As in "As is Sales" and "As Is Conditions"...

and the Disclosure Requirements for "As Is Conditions"
in residential real estate in the State of California.

For an introduction to Disclosure in Real Estate, please see the parent site for this one,
which can be found at: https://disclosure-in-real-estate.bryancanary.com

This website provides BRIEF summary and picks up with the
Case Precedents and Statutes for Validation

----------------------------------------------------------------------------------------

"As Is" -- As in "As is Sales " and "As Is Conditions"

As Is Sales - Juxtaposition to A Sale with Warranty. It is a sale without a warranty for future performance.

As Is Condition - The condition of a home at time of marketing and time of Contract Acceptance. Details about the property that require DISCLOSURE to avoid claims of Misrepresentation in either As Is Sales or Warrantied Sales. The As Is Condition visible and disclosed at time of Contract Acceptance must match the As Is Condition at time of Payment and Deed Conveyance to avoid claims of Misrepresentation.

The As Is condition is defined by:

What a layman can see on a casual walk through of the home COMBINED WITH
Disclosure Statements made by the Seller that describe all material FACTS and material DEFECTS that can NOT be easily assessed by a layman walking through the home that may affect a Buyers perception of value.

A failure to disclose defects during the Buyers Bid Consideration Process results in an "over offer" for the property. It's tantamount to the first step in a "bait and switch" scheme, with the second step transpiring at time of Payment and Deed Conveyance.

Any defects not disclosed at time of Bid Consideration and Contract Acceptance are deemed NOT to exist to the Buyer and they are NOT expected to be there weeks or months later, at time of Payment, Deed Conveyance and physical possession.

If the property conveys with defects that were not disclosed weeks or months prior, when the Binding Offer to Buy/Sell was Accepted, it results in claims for negligent or fraudulent misrepresentation for the Seller.

In such a situation the Seller misrepresented the condition of the property they were going to convey and they conveyed a proper that did NOT match the expectations set at time of Contract Acceptance.

Disclosure Statement Examples

If a home has a roof leak that only flares up when winds blow from the west, and that causes $500-1000 in clean up costs ever 2-3 years, should the prospective buyer be made aware of that defect before making a binding offer to purchase? Absolutely.
If the furnace in the home looks fine, but in fact, the control board is bad, can not be replaced due to age, and a new furnace is going to cost $4,500 to install , should the buyer be told that before making a binding offer to purchase? Absolutely.

These two statements are examples of "Disclosure Statements". They are required to be made in the case of a Residential Sale between two individuals with or without real estate Brokerage involvement.

Failing to disclose defects that might affect the Price a Buyer is willing to pay for a home will lead to claims of "negligent misrepresentation or "fraudulent misrepresentation". The situation is tantamount to a "bait and switch" .

The concept of an "As Is Sale" is simple.
It's a sale without a direct or implied warranty for future operation.

The Requirements for Disclosure Statements related for "As Is Conditions" are simple and logical,
to avoid Over Bidding situations and Bait and Switch Scenarios.

YET, the number of professionals in the CA Brokerage Industry, the Legal Industry, the Mediation Industry,
and in related industries that might get sucked into a Lemon Sale Scheme Investigation
who try to f-ck it up for profits and selfish reasons is simply startling.

Why would they f-ck it up?
Because the world is filled with Property Sellers who want to lie, cheat and steal,
and if you are a vendor willing to serve them in a way that helps
them feel like cheating is okay,
you'll make more money than someone who tells them it's not okay.

It's called Self Centered-ness and GREED
that BREEDS Distrust.

This website provides Case Precedents for "As Is Sales" and disclosure requirements for "As Is Condition".
Thank goodness the Superior Court Judges get the Precedents right,
even though none of them use the simple concept of separating a Non-warranted sale from
the concept of Disclosure Statement Requirements to avoid Negligent and Fraudulent Misrepresentation.

Anyone seeking to use these Case Precedents with a sincere interest to use them
will see all is there for them to blow the CAR Contract and the entire Current CA Brokerage System
out of the water.

This site has a page that introduces CA 1102 as well.
It explains when it was created and suggests reasons why.
Then it provides a link to another site for the details related to CA 1102
and Violations of that which were found in our Transaction too.

There is no problem with the Laws Written nor the Case Precedents
established for use in legal settings.

It's the Mental Health of Brokers, Agents, Attorneys, Mediators and
Brokerage Paying Sellers that has combined with a
total break down of social structures and administrative oversight systems
that has created a swamp of corruption that may be unmitagatable
without cataclysmic means.

Page updated

Report abuse

This website was created to clarify the phrase "As Is"... As in "As is Sales" and "As Is Conditions"... and the Disclosure Requirements for "As Is Conditions" in residential real estate in the State of California.

This website was created to clarify the phrase "As Is"...

As in "As is Sales" and "As Is Conditions"...

and the Disclosure Requirements for "As Is Conditions"
in residential real estate in the State of California.