Can an As Is contract be signed electronically?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and record retention requirements are met.

When is notarization required?

Notarization is generally required for deeds and some affidavit attachments prior to recording; requirements depend on state recording rules and whether a witness is also required.

What happens if disclosures are omitted?

Omitting required statutory disclosures can expose the seller to damages, rescission, or statutory penalties under state consumer protection or real estate disclosure laws.

How do you correct a signed contract error?

Minor clerical errors can be corrected by mutual amendment or addendum signed by all parties; material changes typically require a signed amendment to avoid enforceability issues.

Can a buyer cancel after inspection?

Cancellation rights depend on the inspection contingency language and timing. If the buyer complies with notice requirements during the inspection period, termination may be permitted per contract terms.

How long should records be kept?

Retain transaction records for at least three years for tax purposes (IRC §6501(a)) and seven years for many real estate matters; consult counsel for specific state requirements.

Electronic Signature
Templates
Real estate
As Is Real Estate Contract

As Is Real Estate Contract

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AS IS REAL ESTATE CONTRACT

This As Is Real Estate Contract ("Contract") is made on between Seller: and Buyer: .

Property Identification

Property Address Parcel / APN Number Legal Description

Purchase Terms

Purchase Price: $ . Earnest Money Deposit: $ to be delivered to Escrow Holder: within days of Contract acceptance.

Escrow Holder Address

Closing Date: . Possession Date: .

Financing

This Contract is: Contingent upon Buyer obtaining financing within days; or Not contingent upon financing.

Inspection; As-Is Sale

Buyer acknowledges that the sale is made "AS IS" and Seller makes no warranties or representations as to the condition of the Property except as expressly set forth in this Contract. Buyer shall have calendar days from acceptance to conduct inspections and investigations of the Property. Buyer shall deliver written notice of any objection within the inspection period. Seller's obligation to consider repairs or credits is expressly disclaimed unless Seller executes a written amendment. Buyer may terminate only by timely written notice as provided herein.

Existing Reports and Access

Disclosures

Lead-Based Paint (if applicable): Yes No

Known Mold or Water Intrusion: Yes No

Prior Material Structural Damage or Repairs: Yes No

Flood Zone or Significant Environmental Condition: Yes No

Other Known Material Facts (describe)

Title; Closing; Prorations

Seller shall convey title by general warranty deed (or other marketable deed) free of all liens and encumbrances except those permitted by this Contract. Title shall be good and marketable at Closing subject to standard exceptions. Buyer shall obtain title insurance at Buyer's expense unless otherwise agreed in writing.

Closing costs shall be allocated as follows: Seller pays for statutory conveyance fees and existing lien releases; Buyer pays for loan fees and title insurance primer policy. Property taxes, assessments and rents shall be prorated as of the Closing Date.

Risk of Loss; Possession

Risk of loss or damage to the Property shall remain with Seller until Closing and recording of conveyance. If substantial damage occurs prior to Closing, Buyer may elect to (i) accept property with an equitable credit; (ii) waive objections and proceed; or (iii) terminate and receive return of Earnest Money where permitted by this Contract.

Default and Remedies

If Buyer fails to perform, Seller may retain Earnest Money as liquidated damages or pursue specific performance and damages. If Seller fails to convey marketable title, Buyer may elect to (i) terminate and receive return of Earnest Money, or (ii) seek specific performance and remedies at law or equity. Remedies provided are cumulative and do not limit other lawful remedies.

Brokerage

Listing Broker Buyer's Broker

Commission:

Notices

Seller Notice Address Buyer Notice Address

Representations; Entire Agreement; Governing Law

Seller represents that Seller is the lawful owner of the Property and has full authority to execute this Contract. Except as expressly provided, Seller makes no other representations or warranties, express or implied, including fitness for a particular purpose or habitability. This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations. This Contract shall be governed by the laws of the state in which the Property is located.

Additional Terms or Contingencies

Acknowledgment

By signing below Buyer acknowledges receipt of all Seller disclosures provided prior to execution of this Contract, the opportunity to inspect the Property, and Buyer accepts the Property in its present condition subject to the terms of this Contract. Buyer understands that Seller will not be required to make repairs except as agreed in writing.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What an As Is Real Estate Contract Is and How It Works

An As Is Real Estate Contract is a purchase agreement in which the seller transfers property to the buyer in its current condition, disclaiming future repairs or warranties for known and unknown defects. The contract typically allocates inspection rights, financing contingencies, title obligations, and allocation of closing costs. Buyers should carefully review disclosures, inspection periods, and contingency deadlines because accepting property 'as is' shifts greater responsibility to the purchaser for repairs, compliance, and post-closing liabilities.

Why Parties Use an As Is Real Estate Contract

An As Is contract clarifies risk allocation, speeds transactions by limiting seller repair obligations, and sets explicit inspection and disclosure timelines. It helps sellers limit post-closing repair claims and helps buyers budget for inspection and remediation costs before closing.

Core Elements Found in Professional As Is Real Estate Contracts

A complete As Is contract combines condition disclaimers, inspection and contingency language, title and survey provisions, financing terms, allocation of closing costs, and timelines for performance.

Property Condition

Explicit 'as is' clause describing that seller makes no repair warranties and identifying any known defects or disclosures required by state law.

Inspections

Inspection window, scope, and buyer remedies if major defects are discovered; whether buyer may terminate or request credits.

Financing Contingency

Deadlines for loan approval, appraisal requirements, and consequences if financing is not obtained by the buyer.

Title and Survey

Seller obligations to deliver marketable title, required title exceptions, and timeline for cure or buyer termination.

Closing Mechanics

Allocation of closing costs, escrow instructions, deed type, and recordation responsibilities.

Dispute Resolution

Governing law, venue, and whether mediation or arbitration is required before court action.

Step-by-Step: Completing an As Is Real Estate Contract

Follow these steps in order to reduce risk and keep the transaction on schedule.

01

Draft Agreement: Populate buyer, seller, property, price, and 'as is' clause.
02

Set Deadlines: Add inspection, financing, and closing dates with calendar precision.
03

Attach Disclosures: Include statutory property disclosures and seller-provided reports.
04

Execute Signatures: Obtain signatures and preserve an audit trail for each signer.

How an As Is Contract Moves from Offer to Closing

The transaction follows a predictable flow: offer, inspection, financing, title review, and closing; each step has conditional outcomes tied to contract deadlines.

Offer Acceptance: Seller accepts offer and contract becomes binding subject to contingencies.
Inspection Period: Buyer performs inspections and either proceeds, negotiates, or terminates per contract terms.
Title and Financing: Title review and lender underwriting occur in parallel with cure windows.
Closing and Recording: Funds transfer, deed signed, and deed recorded in county records.

Configuring an Online Completion Workflow

Set up a digital workflow to assign roles, require authentication, and integrate with title and escrow systems for efficient execution.

Field	Configuration
Template Naming	Use a consistent name including property address for easy retrieval.
Signer Roles	Define Buyer, Seller, Agent, and Lender with signing order if needed.
Authentication	Choose email link, SMS code, or stronger methods for high-value deals.
Integration	Enable saving to cloud storage or title platform for automated archival.

Technical Requirements for Digital Signing and Delivery

Ensure your platform supports secure signatures, audit trails, and the file formats required by title and escrow providers.

Integrations: Salesforce, NetSuite, Google Workspace supported
File Formats: PDF, DOCX and export to PDF/A
Authentication: Email, SMS, KBA, or SSO

Security and Compliance Essentials for Recording and Exchange

In-transit Encryption: TLS 1.2/1.3

At-rest Encryption: AES-256

Certifications: SOC 2 Type II, ISO 27001

HIPAA Support: BAA available

Audit Trail: Detailed timestamps and IP

Access Controls: Role-based permissions

Typical Deadlines and Contract Milestones

Common contract deadlines drive buyer and seller obligations; be precise about calendar dates to avoid inadvertent breaches.

Inspection Contingency Deadline:

Date by which buyer must complete all inspections and deliver notice to seller.

Financing Approval Deadline:

Date when buyer must secure loan commitment or notify seller of inability to proceed.

Title Objection Deadline:

Time allotted for buyer to raise title issues and request cures or termination.

Closing Date:

Date when funds transfer and deed are executed and recorded.

Recordation Deadline:

Suggested date to submit deed for recording to avoid lien issues.

Key Transaction Stages from Offer to Recordation

A clear milestone sequence helps coordinate inspections, financing, title work, and closing logistics.

01

Offer Acceptance

Contract becomes effective subject to contingencies and escrow opening.

02

Inspection and Due Diligence

Buyer inspects property and decides whether to proceed under 'as is' terms.

03

Loan Underwriting

Lender completes underwriting and issues commitment or declines.

04

Closing and Recording

Execute closing documents, fund transaction, and record deed in county records.

Common Mistakes to Avoid When Preparing an As Is Contract

Failing to list known material defects or required disclosures, which can lead to post-closing disputes and potential liability.
Using vague inspection periods or dates that create ambiguity about buyer termination rights and contingency enforcement.
Neglecting to specify title exceptions and cure timelines, causing delays or unexpected costs at closing.
Omitting clear signature blocks, witness or notarization instructions, and digital execution standards required for recording.

Penalties and Risks Associated with Errors or Omissions

Title Defects: Can prevent recording or require cure

Disclosure Violations: State fines or rescission risk

Contract Voidance: Material misrepresentation may void sale

Closing Delays: Missed deadlines can incur costs

Tax Consequences: Improper reporting may trigger penalties

Backup Withholding: Missing TINs can trigger 24% withholding

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates, verify parties, and align timelines to title and lender requirements to reduce friction.

Standardize Templates

Use a standardized As Is template that includes state-specific disclosures and predefined inspection and cure timelines; standardization reduces drafting errors and speeds review by title and escrow partners.

Confirm Legal Names

Verify buyer and seller legal names against government ID and entity formation documents; mismatched names can delay recording and create title exceptions that are costly to resolve.

Document Inspections

Attach inspection reports and repair estimates to the contract as exhibits. Documenting findings clarifies the buyer's acceptance of property condition and limits later disputes over undisclosed defects.

Preserve Audit Trails

When using electronic execution, retain complete audit trails showing signer identity, timestamps, and IP addresses to support enforceability and title company requirements.

Real-World Examples of How As Is Contracts Are Used

Two short examples show typical scenarios and outcomes when parties use an As Is Real Estate Contract.

Quick Flip Sale

Seller lists an older home as-is to expedite sale and avoid repair escrow.

Buyer conducts a 10-day inspection and accepts condition.
Because the contract included a clear inspection window and purchase price concession, closing occurred on schedule and seller avoided post-closing repair claims by the buyer.

Estate Sale

Executor sells estate property as-is to limit executor liability.

Buyer requests title and wellbeing inspections.
Attachments included a property condition disclosure and title affidavit; buyer accepted title exceptions and closing proceeded after a short cure for a recorded lien, protecting the estate from extended administration costs.

Who Typically Completes and Signs As Is Real Estate Contracts

Confirm each signatory's authority and include appropriate exhibits, signatures, and notarization or witness steps required by local recording offices.

Buyers: Individuals, investors, or entities who assume responsibility for property condition and financing contingencies under the contract.
Sellers: Homeowners, estate representatives, or corporate entities who transfer property and disclose known defects while limiting repair obligations.
Agents and Title Professionals: Real estate agents, brokers, and title officers who prepare addenda, coordinate inspections, and manage recordation logistics.

Typical Signatory Profiles

Buyer

An individual buyer, investor, or LLC member who purchases property 'as is' and accepts responsibility for inspections, remediation, and lender conditions. The buyer should verify financing contingency timelines and review all seller disclosures prior to executing the contract.

Listing Agent

A licensed real estate agent or broker representing the seller responsible for preparing the contract, delivering disclosures, and coordinating inspections and closing logistics. Agents must ensure state-mandated disclosures are attached and accurately completed.

Comparing eSignature Providers for As Is Contract Execution

Compare core pricing and capabilities for common eSignature vendors; signNow appears first per platform comparison standards.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About As Is Real Estate Contracts

Answers to common practical and legal questions about executing, modifying, and enforcing As Is contracts in the U.S.

Need help? Contact support

Can an As Is contract be signed electronically?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and record retention requirements are met.
When is notarization required?
Notarization is generally required for deeds and some affidavit attachments prior to recording; requirements depend on state recording rules and whether a witness is also required.
What happens if disclosures are omitted?
Omitting required statutory disclosures can expose the seller to damages, rescission, or statutory penalties under state consumer protection or real estate disclosure laws.
How do you correct a signed contract error?
Minor clerical errors can be corrected by mutual amendment or addendum signed by all parties; material changes typically require a signed amendment to avoid enforceability issues.
Can a buyer cancel after inspection?
Cancellation rights depend on the inspection contingency language and timing. If the buyer complies with notice requirements during the inspection period, termination may be permitted per contract terms.
How long should records be kept?
Retain transaction records for at least three years for tax purposes (IRC §6501(a)) and seven years for many real estate matters; consult counsel for specific state requirements.

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