Full question:
We purchased a $50,000 mobile home 'as is'. After 6 months of using the air conditioning it started giving us problems. It was discovered when the previous company (their business is selling mobile homes and spaces in parks) painted the interior they operated the air conditioning unit and paint had clogged up the coils. Also, when they moved the unit the tray under the coils cracked the entire length of the tray and leaked for a long time (prior to our purchase) as there is a lot of rust and moisture is dripping on the electrical wires. We had to turn the unit off to be safe. <br/><br/>My question is - does full disclosure and material fact apply even when it is an 'As is' contract? We would not have purchased the unit as is if they had disclosed the problem with the AC unit. Because of the age of the unit in order the replace the furnace where the coils are, we may also have to replace the entire AC unit. About $7000.
- Category: Contracts
- Date:
- State: Arizona
Answer:
As-is is a term used in warranty law to indicate that the seller is not liable for faults in the item sold. By agreeing to an as-is sale, the buyer accepts the item in its current condition, regardless of any faults, whether visible or hidden. This language protects the seller by clarifying that no warranties were made. However, sellers cannot misrepresent the item or engage in fraud to make the sale. In many states, sellers of as-is homes must disclose known defects to buyers. Therefore, it’s advisable for buyers in as-is transactions to conduct thorough inspections, such as hiring a professional home inspector.
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