Realtors Voice Opinions on ‘As Is’
I take exception to Robert Bruss’ out-of-date and uninformed opinion in the Real Estate Q&A; column on Sept. 18 (“Can Agent Make Seller List Home ‘As Is’?”).
First of all, no broker can make sellers list their properties “as is.” Professional agents give sellers informed advice and leave the ultimate decision to the seller.
Secondly, it is not a “major mistake” to list “as is” as Bruss contends, nor does it tell prospective buyers to be especially wary. It merely acknowledges the reality of today’s litigious environment. As a consumer advocate, Bruss should applaud “as is,” which introduces the realistic expectations that prevent buyers’ post-sale disappointment, fairly apportions responsibility and avoids lawsuits.
Bruss is misinformed that “as is” lowers property value. He may be mistaken because some professional sellers that use “as is” happen to also be handling troubled and damaged properties; foreclosures and probates, for example, are offered by the courts in “as is” condition to protect the heirs.
By law all sellers must disclose all known defects. Sellers have this obligation whether they choose to sell “as is” or choose to warrant the condition of their home. But since few sellers are engineers or building contractors, they are not qualified to warrant the condition of their home, nor should they be expected to.
Our responsibility to our clients mandates that we strongly recommend sensible, forward-looking consumer protection measures such as “as is,” measures that put liabilities where they belong and are appropriate for marketing real estate in the ‘90s.
JON A. DOUGLAS
President
Jon Douglas Co.
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We are in complete agreement with Robert J. Bruss’ answer that an “as is” sale is perceived as a red-flag warning to buyers to be especially careful and that offering a home for sale in “as is” condition does not bring top price for the home.
It is our strong opinion that to offer a home for sale “as is” is a disservice to both buyers and sellers.
FRED C. SANDS
Fred Sands Realtors
Los Angeles
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