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Real Estate As Is Document

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REAL ESTATE AS-IS AGREEMENT

This Real Estate As-Is Agreement ("Agreement") is entered into on by and between the parties identified below.

Parties

Property Identification

Purchase Terms

Purchase Price: $ . Earnest money deposit: $ payable to the escrow agent by .

Closing shall occur on or before unless extended in writing by the parties. Possession shall be delivered on .

Yes No If yes, specify lender and material terms below:

As-Is Sale; No Seller Repair Obligation

Seller is selling the Property in its present condition, "AS IS" and "WITH ALL FAULTS." Seller makes no express or implied warranties as to the condition, fitness, merchantability, habitability, or suitability of the Property. Buyer acknowledges that Seller has no obligation to make repairs, perform remediation, or provide credits for physical condition defects except as expressly set forth in this Agreement or in a separate written agreement executed by Seller.

Seller Representations and Disclosures

To the best of Seller's knowledge and except as disclosed below, Seller represents that there are no material defects in the Property other than those identified in the disclosures checked below.

Lead-based paint (if applicable): Yes No Unknown

Known mold, water intrusion, or moisture damage: Yes No Unknown

Prior structural damage / repairs: Yes No Unknown

Other material facts or existing notices (zoning, code violations, floodplain, septic issues, etc.): Yes No

Inspections; Buyer's Acknowledgment

Buyer acknowledges the opportunity to conduct inspections of the Property within the inspection period specified above. Buyer may, at Buyer's expense, obtain professional inspections including but not limited to structural, pest, HVAC, mechanical, plumbing, electrical, and environmental inspections. Except as expressly provided in a written repair agreement signed by Seller, Buyer accepts the Property in its existing condition and waives any right to require Seller to perform repairs or improvements.

If Buyer, within the inspection period, identifies material defects that Buyer reasonably considers unacceptable, Buyer may deliver written notice to Seller prior to the expiration of the inspection period identifying the defect(s) and electing either: (a) to terminate this Agreement and receive return of earnest money, or (b) to proceed to closing notwithstanding the defect(s). Failure to deliver timely written notice constitutes acceptance of the Property AS IS.

Repairs, Credits and Seller Liability

Except for fraud or intentional misrepresentation, Seller shall not be liable under this Agreement for defects discovered after the date of Closing. Any agreement by Seller to repair or provide credit for defects must be in a separate writing signed by Seller and Buyer, specifying the scope, manner, and timeline for performance.

Default; Remedies

If Buyer fails to timely close in accordance with this Agreement, Seller may elect to terminate this Agreement and retain the earnest money as liquidated damages, or pursue other remedies available at law or equity. If Seller fails to close in breach of this Agreement, Buyer may seek specific performance, return of earnest money, and any other remedies permitted by law. The parties acknowledge that remedies are subject to applicable statutes and equitable principles.

Risk of Loss; Closing

Between the Effective Date and Closing, risk of loss to the Property remains with Seller. If substantial damage occurs prior to Closing, the party entitled to avoid the transaction or require seller repairs shall be as provided in the underlying purchase contract or as otherwise agreed in writing.

Indemnification and Release

Buyer releases and holds Seller harmless from any claims, demands, liabilities, damages, and costs arising from conditions on the Property existing at Closing, except to the extent caused by Seller's fraud or intentional misrepresentation. Buyer shall indemnify Seller for any claims arising from Buyer's post-Closing occupancy or use of the Property.

Governing Law; Entire Agreement; Survival

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior negotiations and agreements. Provisions that by their nature should survive Closing, including indemnities and releases, shall survive Closing.

Execution

This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original but all of which together constitute one and the same instrument.

Seller:

By:

Date:

Buyer:

By:

Date:

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

A Real Estate As Is Document is a contractual statement used in property sales to reflect that the seller offers the property in its current condition, without agreeing to perform repairs. It typically identifies the property, lists known defects or disclosures, and includes an explicit 'as-is' clause that allocates responsibility for post-contract repairs and investigations. The document does not eliminate liability for intentional concealment or fraud and normally coexists with the purchase agreement, inspection contingencies, and title requirements.

Why an As Is Document matters to buyers, sellers, and closers

An As Is Document clarifies allocation of risk, preserves seller expectations about repairs, and frames buyer inspection responsibilities. It reduces ambiguity at closing and creates a written record that can limit later disputes over minor defects while leaving fraud remedies intact.

Why an As Is Document matters to buyers, sellers, and closers

Who typically prepares, signs, and receives this document

Common participants include sellers, listing agents, and closing/title professionals who coordinate the transfer.

  • Sellers and listing agents — Prepare the As Is Document, disclose known issues, and confirm acceptance language.
  • Buyers and home inspectors — Review disclosures, schedule inspections, and decide whether to accept condition as-is.
  • Title and closing agents — Collect the signed As Is Document at or before closing and add to the closing file.

The document is a contractual allocation of condition risk; parties should confirm signatures, dates, and attachments before recording.

Step-by-step: complete and exchange the As Is Document

Follow these sequential steps to prepare, verify, and attach the document to the transaction file.

  • 01
    Prepare: Populate property, parties, and effective date fields.
  • 02
    Disclose: Attach known defect lists and supporting photos or reports.
  • 03
    Sign: Obtain seller and buyer signatures per contract authentication rules.
  • 04
    File: Deliver signed copy to title/escrow and retain originals for the closing folder.

Core elements to include in a professional As Is Document

A clear structure reduces disputes. Include concise clauses and supporting exhibits so each party understands obligations and limitations.

Property identification

Full street address plus the exact legal description or parcel number to ensure the document unambiguously references the subject property.

As-is provision

A written clause stating the seller offers the property in its current state and specifying which items, if any, the seller will repair or replace.

Seller disclosures

Specific, itemized disclosures of known defects, material repairs, environmental concerns, or other conditions that affect value or safety.

Inspection rights

Language describing inspection periods, who pays for inspections, and whether results permit termination or renegotiation.

Signatory blocks

Signature lines for seller(s), buyer(s), and space for dated notarization or witness blocks when required by jurisdiction.

Attachments and exhibits

Place to attach reports, photos, repair estimates, or seller-provided receipts that substantiate disclosed conditions.

Essential data fields to capture for legal and title purposes

Property address: Street, city, ZIP
Legal description: Deed or parcel text
Seller name: Full legal name
Buyer name: Full legal name
Effective date: MM/DD/YYYY
Signature block: Signed and dated

Common errors to avoid when preparing the As Is Document

  • Using an incomplete legal description that differs from the deed, which can delay recording and title transfer.
  • Failing to attach inspection reports or repair estimates referenced in the disclosure, creating gaps in the evidentiary record.
  • Relying on verbal promises about repairs — if not in writing and signed, they may be unenforceable.
  • Not confirming that signatories have authority for trusts, LLCs, or corporate sellers, which can void enforcement.

Potential legal consequences of an incorrect or incomplete As Is Document

Fraud claim: Civil damages possible
Rescission: Contract may be voided
Delay: Closing may be postponed
Title issues: Defects can hinder recording
Monetary loss: Repair or remediation costs
Escrow disputes: Extended holdbacks or litigation

Where to send, file, and store the signed As Is Document

Signed copies must be delivered to the parties who need them and added to the official closing record; retaining searchable digital copies simplifies compliance and auditability.

  • Listing agent: Keeps a seller file copy for agent records.
  • Buyer's agent: Retains the buyer's executed copy and inspection attachments.
  • Title/escrow: Receives final signed document for title and closing ledger.
  • County recorder: Record only if deed or document requires public filing.

How to configure an online As Is Document workflow

Set fields and authentication based on transaction sensitivity and party needs; include attachments and conditional logic for repair lists.

Field Configuration
Signature Field Required, date-auto-fill enabled
Initials Place on each page where needed
Conditional Repairs Show item list if 'Repairs requested' checked
Authentication Email or SMS code verification

Options for electronic signing and secure distribution

Choose a platform that supports secure authentication, audit trails, and file formats required by your title company.

  • Integrations: Salesforce, NetSuite, Microsoft 365 integrations
  • Supported formats: PDF, DOCX, HTML, Excel supported
  • Authentication: Email, SMS, or advanced methods

Ensure the chosen provider meets any industry compliance needs and that final signed PDFs include a tamper-evident audit trail and certificate.

Real examples showing how teams use digital As Is Documents

These condensed case notes illustrate practical outcomes when teams adopt electronic workflows for As Is Documents.

Tim Martin, Martin Properties

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Tim Martin emphasized mobile and offline signing capabilities.
  • He reported processing and executing closing documents online with built-in compliance, enabling efficient returns of forms and fewer in-person appointments.

Brian Fitzgibbons, Optica Ventures LLC

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Brian noted the user-friendliness helped tenants and buyers complete forms.
  • The result was faster document turnaround and fewer follow-ups, improving operational consistency across remote and office workflows.

eSignature pricing and core comparisons for completing a Real Estate As Is Document

Basic pricing and feature availability for common eSignature vendors; signNow appears first to align with the vendor ordering used here.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Typical transaction timelines and expected processing milestones

Timelines vary by contract and financing; the following are common scheduling milestones used in purchase transactions.

Offer acceptance window:

Varies by contract; some offers specify 24–72 hours for seller response

Inspection contingency:

Commonly 7–14 days from contract effective date to complete inspections

Appraisal and loan approval:

Often completed within 14–30 days, depending on lender timelines

Title review and cure:

Title exceptions identified and cleared prior to closing; timing varies

Closing date:

Set by contract — typically 30–60 days after acceptance

Frequently asked questions about the Real Estate As Is Document

Answers to common legal and procedural questions about using, signing, and storing As Is Documents in U.S. transactions.


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