Can an As Is Addendum waive all seller liability?

No. An addendum can limit implied warranties and clarify obligations, but it cannot shield a seller from fraud, intentional concealment, or statutory disclosure violations; courts may refuse to enforce overly broad waivers.

Is an electronic signature valid on this addendum?

Yes, if the electronic signature meets the ESIGN Act (15 U.S.C. ch. 96) and applicable state UETA or ESRA requirements, and the transaction is not an exempted category.

When is notarization required for an addendum?

Notarization is required when title companies or state law require an acknowledgment for recording or when the addendum contains conveyancing language; check local recording office rules.

Does the addendum replace required disclosure forms?

No. Required state and federal disclosures must still be provided and referenced; the addendum supplements, rather than replaces, statutory disclosures.

What happens if parties sign different versions?

Conflicting signed versions can lead to disputes; retain the final fully‑executed, initialed version and correct any variances with an executed amendment.

How long should records be kept?

Retain executed addenda and audit trails for at least seven years for real estate matters, and follow federal rules such as IRC §6501(a) and industry‑specific retention like HIPAA where applicable.

Electronic Signature
Templates
Real estate
Real Estate As Is Addendum

Real Estate As Is Addendum

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REAL ESTATE AS IS ADDENDUM

This As Is Addendum (the Addendum) is incorporated into and made a part of the Purchase Agreement between the parties identified below. Effective Date of Purchase Agreement: .

PARTIES

Seller Name: Seller Contact Information: Buyer Name: Buyer Contact Information:

PROPERTY IDENTIFICATION

Property Address: Parcel / APN Number: Legal Description:

AS‑IS SALE ACKNOWLEDGMENT

Seller and Buyer agree that the Property is being sold in its present physical condition, "AS IS" and with all faults. Seller makes no express or implied representations or warranties regarding the condition of the Property or its systems, except as expressly set forth in the Purchase Agreement and any Seller Disclosure delivered prior to execution. Buyer acknowledges receipt of Seller's Disclosure: Acknowledged

Buyer expressly accepts the condition of the Property and agrees that Seller shall have no obligation to repair, replace, or remediate any condition, structural or otherwise, except for matters constituting a material breach or intentional misrepresentation under applicable law. This As‑Is obligation specifically includes, without limitation, latent defects and defects discoverable by inspection.

INSPECTION RIGHTS AND PERIOD

Buyer shall have days from the Effective Date of the Purchase Agreement to complete any inspections and investigations of the Property. Buyer shall provide written notice to Seller of any objection or request for repair within that period. Failure to deliver timely written notice shall constitute Buyer’s acceptance of the Property's condition.

Buyer shall bear the cost of all inspections. Seller shall allow reasonable access for inspectors acting on behalf of Buyer, provided Buyer gives Seller or Seller's agent reasonable prior notice and obtains any required authorizations.

DISCLOSURES

The following disclosure items are acknowledged by Seller by marking the appropriate box. Buyer acknowledges review of the checked items and understands that the sale remains AS‑IS unless otherwise agreed in writing.

Lead‑Based Paint (Applicable to residential property built before 1978): Yes No

Known Mold or Water Intrusion: Yes No

Prior Material Damage or Repairs (fire, flood, structural): Yes No

If any item above is "Yes", provide details:

REPAIRS, CREDITS AND PRORATIONS

Except as expressly agreed in writing and executed by both parties, Seller shall not be required to perform any repairs. If the parties agree on a monetary credit in lieu of repairs, enter credit amount below. Any agreed credit will be applied at closing as a credit to Buyer.

Agreed Credit Amount (if any):

CLOSING, POSSESSION AND FINANCING

Closing Date:

Possession to be delivered to Buyer: unless otherwise agreed in writing.

Financing contingency, if any, shall be governed by the Purchase Agreement. Buyer acknowledges that this Addendum does not modify financing terms except by mutual written agreement signed by both parties.

EARNEST MONEY AND DEFAULT

Earnest Money Amount: $ . Disposition of earnest money in the event of default shall be as provided in the Purchase Agreement, subject to applicable law.

In the event of breach, the non‑breaching party's remedies shall be as set forth in the Purchase Agreement and as provided by law. Buyer acknowledges that acceptance of an AS‑IS sale may limit Buyer’s remedies with respect to condition claims following closing, except for claims based on Seller's intentional misrepresentation or fraud.

REPRESENTATIONS, RELEASE AND INDEMNITY

Seller represents only that Seller has the authority to sell the Property and will convey marketable title as required by the Purchase Agreement. Buyer releases Seller from obligation to make repairs and agrees to indemnify and hold Seller harmless from claims arising from conditions of the Property after closing, except to the extent caused by Seller's fraudulent concealment or intentional misrepresentation.

GOVERNING LAW & ENTIRE AGREEMENT

This Addendum shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Addendum constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes any prior oral or written agreements to the extent of any conflict.

MISCELLANEOUS

Any modification of this Addendum must be in writing and signed by both Seller and Buyer. If any provision of this Addendum is held invalid, the remainder shall continue in full force and effect.

Additional agreements between the parties regarding condition, credits, or repairs:

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Real Estate As Is Addendum Is and when it applies

A Real Estate As Is Addendum is a short contract attachment used in property sales to confirm that the seller is offering the property in its current condition, without promises to repair or improve. It clarifies disclosures already provided, allocates risk about defects, and can modify inspection or repair obligations. The addendum is commonly attached to purchase agreements for resale homes, investment properties, or estate transactions where the seller seeks to limit post‑contract repair liabilities while preserving buyer inspection rights.

Why parties use an As Is Addendum

The addendum reduces post‑closing disputes by documenting the seller’s limited warranty and the buyer’s acceptance of existing conditions. It streamlines negotiations, clarifies inspection expectations, and records the allocation of repair risk without replacing required statutory disclosures.

Who typically completes or signs an As Is Addendum

Real estate brokers, listing agents, sellers, buyers, and closing attorneys commonly prepare or review this addendum before finalizing a purchase contract.

Listing agents: Prepare language aligned with the seller’s desired level of disclosure and risk limitation.
Buyers and buyer agents: Review inspection rights and note any exceptions or negotiated repairs.
Closing attorneys/escrow officers: Ensure the addendum is attached, signed, and recorded in the transaction file.

Each signer should understand how the addendum interacts with state disclosure laws and the main purchase agreement; legal counsel is advisable when complex defects or statutory exceptions are present.

Core clauses to include in a professional As Is Addendum

A complete addendum balances clarity for buyers with protection for sellers. Include explicit, narrowly drafted clauses to avoid ambiguity and unintended warranties.

As Is Clause

State that the buyer accepts the property in its current condition, describing any specific known defects and stating that no additional repair obligations exist beyond those expressly listed.

Seller Disclosures

Reference and attach mandatory state or federal disclosure forms; confirm seller has provided required environmental, lead paint, or material defect disclosures.

Inspection Rights

Specify whether inspections are permitted, who pays for them, timelines for completion, and whether any unsatisfactory findings permit contract termination.

Repair Obligations

Clarify whether any repairs are agreed, list them in detail if so, and state that no other repairs are implied or required by the seller.

Allocation of Risk

Define indemnities, survival periods, and whether the buyer assumes responsibility for known or latent defects after closing.

Integration and Signatures

Confirm that the addendum is part of the purchase agreement, identify parties, and include signature blocks with dates to bind the terms legally.

Step‑by‑step: adding the As Is Addendum to a purchase contract

Follow these steps to attach and execute the addendum correctly so it binds the parties and aligns with contingencies.

01

Attach Addendum: Insert the addendum as an exhibit or rider to the purchase agreement.
02

Complete Fields: Fill property, parties, date, and known defects accurately.
03

Review Disclosures: Confirm all state required disclosures are provided and referenced.
04

Execute Signatures: Obtain signatures from seller(s) and buyer(s); notarize if state or document requires.

Typical online workflow settings for completing the addendum

Configure your digital workflow to ensure correct routing, authentication, and document retention for the signed addendum.

Field	Configuration
Signer Order	Sequential or parallel routing to preserve negotiation order
Authentication	Email link with optional SMS code or ID verification
Notary	Enable remote online notarization where permitted
Retention	Auto‑retain PDF + audit trail for statutory periods

Where to send and how party routing typically works

Routing should match negotiation and closing roles to maintain a clear audit trail and preserve deadlines.

Seller/Listing Agent: Prepares addendum and uploads to contract record
Buyer/Buyer Agent: Reviews, requests changes, or signs within inspection window
Escrow/Title: Receives executed addendum for closing package
Attorney Review: Optional counsel review before final signature

Digital signing and delivery considerations

Use an eSignature platform that supports audit trails, optional identity proofing, and secure storage to validate execution and preserve records.

File Formats: Accept PDF and DOCX for preservation and redaction
Authentications: Support email, SMS codes, and optional KBA for stronger verification
Integrations: Connect to title or MLS systems for seamless transfer

Ensure the chosen platform complies with ESIGN and UETA, supports required notarization workflows where permitted, and retains tamper‑evident audit records for the retention period.

Common timing items and contingency deadlines

Real estate transactions rely on fixed windows; track each date in the main contract and the addendum to avoid missed rights or terminations.

Inspection Period:

Buyer completes inspections within the contract‑specified days

Repair Response Deadline:

Seller responds to inspection requests by the stated date

Option/Release Window:

If an option period exists, buyer must cancel or proceed before expiration

Closing Date:

Final date when title transfers and addendum obligations survive

Document Delivery:

All executed addenda must be delivered to escrow/title before funding

Common preparation mistakes to avoid

Using vague language about defects that creates implied repair obligations after closing.
Failing to attach or reference required state disclosures and environmental reports.
Not aligning addendum dates with inspection or financing contingencies in the main contract.
Skipping notarization where statutes or title companies require an acknowledgement for recording.

Key legal risks if the addendum is incorrect

Contract Voidance: Material ambiguity

Loss of Deposit: Buyer remedies or seller claims

Title Issues: Recording defects

Disclosure Penalties: State fines or rescission

Litigation Costs: Court disputes and attorney fees

Closing Delays: Funding or escrow holds

Practical tips for accurate and efficient completion

Applying consistent drafting and execution practices reduces errors and speeds closing.

Link to Main Contract

Reference the purchase agreement by date and parties so the addendum is unambiguously part of the transaction.

Use Clear Language

Avoid legalese and ambiguous qualifiers; specify defects and obligations in plain, specific terms.

Synchronize Dates

Ensure inspection, response, and closing dates in the addendum match the main contract to preserve rights.

Preserve Audit Trail

Retain signed PDFs and the platform audit trail including timestamps, signer IPs, and authentication method.

Real‑world examples: how sellers and buyers use an As Is Addendum

These short scenarios illustrate common uses and outcomes when the addendum is applied correctly.

Estate Sale Example

Seller discloses limited foundation issues and attaches inspector report

Buyer accepts as is to expedite closing
Outcome: closing proceeded within two weeks with buyer assuming future repair responsibility.

Investor Flip Transaction

Investor seller lists property as is and removes repair contingencies

Buyer conducts limited inspection within a short option period
Outcome: investor completed sale quickly at a reduced price reflecting assumed repair costs.

Essential information elements to capture

Property ID: Full address

Seller Name: Exact legal name

Buyer Name: Exact legal name

Disclosure Reference: Attach disclosure forms

Inspection Dates: Specify windows

Signatures: Names and dates

Frequently asked questions about the As Is Addendum

Answers to common practical and legal questions to help avoid execution and enforcement problems.

Need help? Contact support

Can an As Is Addendum waive all seller liability?
No. An addendum can limit implied warranties and clarify obligations, but it cannot shield a seller from fraud, intentional concealment, or statutory disclosure violations; courts may refuse to enforce overly broad waivers.
Is an electronic signature valid on this addendum?
Yes, if the electronic signature meets the ESIGN Act (15 U.S.C. ch. 96) and applicable state UETA or ESRA requirements, and the transaction is not an exempted category.
When is notarization required for an addendum?
Notarization is required when title companies or state law require an acknowledgment for recording or when the addendum contains conveyancing language; check local recording office rules.
Does the addendum replace required disclosure forms?
No. Required state and federal disclosures must still be provided and referenced; the addendum supplements, rather than replaces, statutory disclosures.
What happens if parties sign different versions?
Conflicting signed versions can lead to disputes; retain the final fully‑executed, initialed version and correct any variances with an executed amendment.
How long should records be kept?
Retain executed addenda and audit trails for at least seven years for real estate matters, and follow federal rules such as IRC §6501(a) and industry‑specific retention like HIPAA where applicable.

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