Can an As Is Agreement be e-signed?

Yes. Electronic signatures are enforceable under the ESIGN Act and UETA where adopted, provided intent, consent, attribution, and record retention can be demonstrated. Verify that parties can access records and that consumer-facing disclosures satisfy ESIGN requirements.

Does 'as is' eliminate disclosure duties?

No. Sellers still must comply with statutory disclosure obligations in their state. 'As is' allocates repair responsibility but does not excuse knowingly failing to disclose material defects under state law.

Is notarization always required?

Not for the agreement itself in every state, but many states require notarized acknowledgements for deeds and conveyances submitted for recording. Check local recorder practices and lender requirements.

What happens if a seller conceals defects?

If concealment or fraud is proven, buyers may have remedies including rescission, damages, or indemnity despite an 'as is' clause. Accurate disclosures and inspection documentation reduce this risk.

How do lenders view As Is terms?

Lenders typically accept As Is Agreements if contingencies protect appraisal and condition; however, they may require repairs as a condition of funding and include these in loan conditions.

Who can sign for an entity seller?

Authorized representatives should sign and include title or role. Provide corporate resolution or proof of signing authority when requested by title or escrow to avoid closing delays.

Electronic Signature
Templates
Real estate
Real Estate As Is Agreement

Real Estate As Is Agreement

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REAL ESTATE AS IS AGREEMENT

This Real Estate "As Is" Agreement (the Agreement) is made effective as of by and between Seller Name: ("Seller") and Buyer Name: ("Buyer"). Seller agrees to sell and Buyer agrees to purchase the Property on the terms and conditions set forth below.

Property

Property Address Parcel / APN Number Legal Description

Purchase Price and Payment

Purchase Price (USD) Earnest Money Deposit

Deposit to be held by Escrow/Title Agent: Deposit due within days after mutual execution.

Financing and Contingencies

Financing contingency applies: Yes No If applicable, Buyer shall have days from Effective Date to obtain loan approval.

Inspection; As‑Is Condition

Buyer accepts the Property in its present physical condition, subject to the inspection rights below. Seller makes no representations or warranties as to the condition of the Property except as expressly set forth in this Agreement.

Inspection period: Buyer shall have days from Effective Date to conduct any inspections. Buyer may, within such period, either (a) accept the Property in its As‑Is condition, or (b) deliver to Seller a written list of objections. Seller may elect to repair or provide a credit, or Buyer may elect to terminate this Agreement in accordance with the termination provisions below.

Seller Disclosures

The Seller discloses the following known conditions (check one for each item):

Lead‑Based Paint (if Property built before 1978): Yes No

Known material defects (structural, roof, foundation): Yes No

Prior water intrusion, mold, or flood damage: Yes No

Termite/pest damage: Yes No

Located in designated floodplain or hazard zone: Yes No

If any answer to the above is Yes, Seller shall provide a concise written description of the condition below:

Seller Disclosure Details

Title, Closing and Possession

Closing Date: Closing Location:

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

Title: Seller shall convey marketable title by general warranty deed (or other specified deed) free of encumbrances except those accepted by Buyer in writing. Buyer shall receive title insurance at closing, with policy beneficiary as Buyer, at the expense of .

Closing Costs and Prorations

Standard closing costs and escrow fees shall be allocated as follows: Seller pays ; Buyer pays .

Real estate taxes, assessments, rents and utilities will be prorated as of the Closing Date.

Risk of Loss; Insurance

Risk of loss or damage to the Property prior to Closing shall remain with Seller. If material damage occurs before Closing, Buyer may: (a) accept the Property as damaged and proceed to Closing with an appropriate credit, or (b) terminate this Agreement if the damage materially impairs the Property's value, in which case the Earnest Money shall be refunded to Buyer, unless otherwise agreed in writing.

Default and Remedies

If Buyer defaults, Seller may retain the Earnest Money as liquidated damages or pursue specific performance where permitted by law. If Seller defaults, Buyer may elect to terminate this Agreement and receive a refund of the Earnest Money, or seek specific performance. The parties acknowledge these remedies are cumulative and not exclusive.

Indemnification and Survival

Buyer releases Seller from liability for latent defects existing as of the Effective Date and agrees to indemnify and hold Seller harmless from any claims arising from Buyer's possession, occupancy, or post‑closing alterations, except to the extent caused by Seller's intentional misrepresentation or fraud. The obligations that by their nature survive Closing shall survive.

Representations and Warranties

Seller represents that Seller is the lawful owner of the Property and has authority to enter this Agreement. Except as expressly set forth in this Agreement or in the Seller Disclosure Details provided above, Seller makes no warranties, express or implied, including but not limited to habitability, fitness for a particular purpose, compliance with building codes, or absence of latent defects. Buyer acknowledges receipt of Seller's disclosures and accepts the Property As‑Is.

Notices

Seller Notice Address Buyer Notice Address

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties with respect to the transaction described herein and supersedes all prior negotiations and understandings. Any amendment must be in writing and signed by both parties.

Acknowledgment

Each party acknowledges that they have read this Agreement, that they understand its terms, and that they enter into it voluntarily. Buyer acknowledges that Buyer has had the opportunity to conduct inspections and to seek independent professional advice.

Seller (Print Name):

By:

Date:

Buyer (Print Name):

By:

Date:

What a Real Estate As Is Agreement Is and when parties use it

A Real Estate As Is Agreement documents a seller's offer to transfer property without committing to repair existing defects; the buyer accepts the property's current physical condition and associated risks. It typically includes an explicit "as is" clause, disclosure statements, and any contingencies such as inspection or financing. When executed correctly, it allocates responsibility for known and unknown defects, supports closing logistics, and can be signed electronically under ESIGN and applicable state UETA/ESRA rules, subject to state-specific recording, disclosure, and notarization requirements.

Why an As Is Agreement matters in property transactions

A clear As Is Agreement narrows bargaining over post-contract repairs, allocates risk between buyer and seller, and documents buyer awareness. It reduces later disputes about condition while preserving the buyer’s right to inspect and confirm financing or title conditions.

Typical parties involved and where this form fits

Use it with inspection reports, seller disclosures, title commitments, and closing instructions to create a clear, enforceable record of transaction terms.

Listing agents coordinating disclosures and offers.
Buyers or buyer agents accepting property condition.
Title companies confirming recording and closing items.

Who signs and why their role matters

Seller — Individual or Entity

The seller must sign with the exact legal name on title. Entity sellers require authorized signatory details and proof of authority to avoid later title or enforceability disputes.

Buyer — Individual or Lender

Buyers sign to accept property condition and release of repair obligations. If financing, lender contingencies remain active until satisfaction and may require additional lender addenda.

Core elements to include in a professional As Is Agreement

A complete As Is Agreement balances clarity about condition with required disclosures and contingency protections. Include specific clauses for each major risk area so parties and closing agents can follow a predictable process.

As-Is Clause

A concise statement that the buyer accepts the property in its present condition without seller repairs, specifying whether known defects are disclosed or excluded and any survival periods for representations.

Seller Disclosures

State-specific disclosure schedules for lead paint, water intrusion, pest, or material defects; attach completed disclosure forms required by the seller's jurisdiction to satisfy statutory duties.

Inspection Rights

Inspection period, scope, and process for defect notice and cure or termination; define who bears costs, how repair requests are handled, and time limits for objections.

Contingencies

Financing, title approval, appraisal, and survey contingencies, each with deadlines and consequences for failure to satisfy or timely remove the contingency.

Allocation of Costs

Specify which closing costs, prorations, and potential repairs are the seller's or buyer's responsibility, including escrow holdbacks or credits where appropriate.

Execution and Delivery

Signature blocks, date fields, notarization requirements, and permitted electronic execution methods; note requirements for entity signatures, power of attorney, or trustee signers.

Step-by-step: filling out and finalizing the As Is Agreement

Follow these sequential steps to complete the form and move toward closing with minimal rework.

01

Prepare Documents: Gather deed, seller disclosures, title report, and inspection results.
02

Complete Form: Enter names, property data, dates, and clause selections accurately.
03

Review Contingencies: Confirm inspection, financing, and title deadlines with all parties.
04

Execute and Deliver: Obtain signatures, notarizations if required, and distribute final copies to title and lender.

Digital workflow settings to streamline completion

Configure your online workflow so parties receive, sign, and return documents in the correct order.

Field	Configuration
Sender	Listing agent or seller uploads and assigns signing order
Authentication	Use email with optional SMS code or stronger ID verification for high-value deals
Template Fields	Add required text, date, initials, and conditional fields for disclosures
Save Format	Export final executed PDF/A for recordkeeping and title submission

Where to send or file the executed agreement

After execution, route copies to the parties and to entities that need the record for closing and title work.

Title Company: Send executed copy for title insurance and closing instructions.
Lender: Deliver signed agreement and disclosures required for loan funding.
Recording Office: Submit deed and required acknowledgements for county recorder when appropriate.
All Parties: Provide final signed PDF to buyer, seller, and agents for their records.

Technical and platform needs for eSigning and eSubmission

Ensure chosen platform supports audit trails, notarization workflows, and the storage formats your title or lender requires to certify execution.

File Formats: PDF, DOCX supported
Authentication: Email link, SMS code, or advanced ID
Integrations: CRM, title, cloud storage

Common timelines and deadlines used in As Is transactions

Standard transaction dates are often negotiated; document them clearly in the agreement to avoid disputes.

Inspection Period:

Typically 7–14 days for inspection and objection

Contingency Removal:

Buyer's deadline to remove contingencies, often 14–21 days

Closing Date:

Date when funds transfer and deed conveyance occur

Recordation Window:

Deed recorded within days after closing, varies by county

Proration Cutoff:

Specify which date determines tax and utility proration

Key milestone sequence from offer to recording

A clear milestone sequence helps parties track obligations and preserve remedies tied to each stage.

01

Offer Acceptance

Buyer and seller sign contract and set effective date.

02

Inspection & Objections

Buyer inspects, raises objections, or terminates per timeline.

03

Closing Preparation

Title, payoff statements, and lender conditions completed.

04

Closing and Recording

Funds transfer, deed delivered, and recorder files deed.

Security and compliance features to verify before eSigning

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Complete timestamp, IP, and action history

HIPAA Support: BAA available where required

Authentication: Email, SMS, or advanced signer ID

Access Controls: Role-based permissions and SSO

Certifications: SOC 2 Type II and ISO 27001 compliance

Common legal and financial risks of an incorrect As Is Agreement

Misrepresentation: Buyer remedies or fraud claims

Title Defects: Delayed or failed closings

ESIGN Noncompliance: Invalid electronic execution risk

Tax Consequences: Incorrect filings or proration errors

Notarization Failure: Recorder rejection or delay

Financing Default: Lost deposits or contract termination

Frequent preparation mistakes to avoid

Leaving parties' names inconsistent between contract and deed leads to recording delays and title examiner questions.
Failing to attach or complete state-required seller disclosures can create statutory rescission or penalty exposure.
Omitting contingency deadlines or ambiguous timeframes often causes disputes about entitlement to deposits or termination rights.
Using informal initials or unsigned addenda without clear execution language increases enforceability risk at closing.

Real-world examples showing how As Is Agreements are used

These short examples illustrate typical scenarios where an As Is Agreement clarified expectations and supported closing.

Martin Properties — Tim Martin

The brokerage streamlined closings by standardizing As Is language and disclosures.

Inspection contingency preserved buyer protections while limiting renegotiation.
Resulted in faster turnarounds and fewer post-closing repair claims for the brokerage's resale inventory.

Optica Ventures — Brian Fitzgibbons

A small investor used a clear As Is clause when buying a distressed property.

Lender contingency remained in place to protect financing.
The defined terms reduced negotiation time, allowed a quick closing, and clarified post-closing responsibilities for both parties.

Practical tips for accurate, efficient As Is Agreement completion

Adopt consistent practices to reduce errors, speed closing, and protect client interests.

Standardize Templates

Use a vetted template that includes required disclosures and contingency timelines to minimize ad hoc drafting and ensure consistency across transactions.

Verify Names and Title

Confirm seller and buyer names exactly match title documents and escrow instructions to prevent recording or funding delays.

Document Inspections

Attach inspection reports and clearly record any items agreed to be repaired or credited, with deadlines and dollar limits where applicable.

Use Secure eSign

Select an eSignature platform that provides an unalterable audit trail, appropriate authentication, and supports notarization workflows if required.

Common eSignature vendor comparison for Real Estate As Is Agreement workflows

Compare core pricing and capability lines relevant to residential and commercial closings; signNow appears first for direct feature reference.

	signNow	DocuSign ($15/user/mo)	Adobe Sign ($14/user/mo)	PandaDoc ($19/user/mo)	HelloSign ($15/user/mo)
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Real Estate As Is Agreements

Answers to common questions about enforceability, eSigning, notarization, and disputes for As Is Agreements.

Need help? Contact support

Can an As Is Agreement be e-signed?
Yes. Electronic signatures are enforceable under the ESIGN Act and UETA where adopted, provided intent, consent, attribution, and record retention can be demonstrated. Verify that parties can access records and that consumer-facing disclosures satisfy ESIGN requirements.
Does 'as is' eliminate disclosure duties?
No. Sellers still must comply with statutory disclosure obligations in their state. 'As is' allocates repair responsibility but does not excuse knowingly failing to disclose material defects under state law.
Is notarization always required?
Not for the agreement itself in every state, but many states require notarized acknowledgements for deeds and conveyances submitted for recording. Check local recorder practices and lender requirements.
What happens if a seller conceals defects?
If concealment or fraud is proven, buyers may have remedies including rescission, damages, or indemnity despite an 'as is' clause. Accurate disclosures and inspection documentation reduce this risk.
How do lenders view As Is terms?
Lenders typically accept As Is Agreements if contingencies protect appraisal and condition; however, they may require repairs as a condition of funding and include these in loan conditions.
Who can sign for an entity seller?
Authorized representatives should sign and include title or role. Provide corporate resolution or proof of signing authority when requested by title or escrow to avoid closing delays.

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