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Real Estate As-Is Form

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REAL ESTATE AS-IS FORM

Parties

Seller Name:

Buyer Name:

Property Identification

Property Address:

As-Is Sale Terms and Acknowledgements

Purchase Price: $    Earnest Money Deposit: $

Closing Date:    Possession Date:

Inspection Period: days from mutual execution of this form.

Seller agrees to sell and Buyer agrees to buy the Property in its present condition "AS IS" and "WHERE IS" with all faults and defects, whether latent or patent. Except for Seller's express written representations in this As-Is Form, Seller makes no warranties, express or implied, including without limitation any warranty of habitability, fitness for a particular purpose, or merchantability. Buyer acknowledges receipt of and opportunity to review all written disclosures provided by Seller and to conduct inspections and investigations of the Property.

Buyer understands and agrees that Seller shall not be required to perform any repairs or remediate any conditions discovered during inspections, except as set forth in a separate written agreement signed by Seller. Buyer's acceptance of the Property in its present condition is a material inducement to Seller's agreement to sell under these terms.

Seller Disclosures (Check applicable and provide description where required)

Lead-Based Paint:

Mold or Water Intrusion:

Structural Damage / Foundation Issues:

Pest Infestation (termite, rodent, etc.):

Inspections, Remedies and Release

Buyer shall complete all desired inspections and investigations within the Inspection Period specified above. If Buyer is not satisfied, Buyer must deliver written notice to Seller within the Inspection Period specifying the reasons. Failure to timely provide such notice constitutes irrevocable acceptance of the Property in its then condition and waiver of Buyer's right to request repairs or credits.

Buyer, in consideration of Seller's willingness to sell "AS IS", hereby releases Seller from any and all claims for repair or diminution in value arising from conditions existing on or before the date of this Form, except claims based upon Seller's intentional or fraudulent misrepresentation of material facts. Buyer agrees to indemnify and hold Seller harmless from liabilities arising from Buyer's inspections and from Buyer's failure to discover or remedy hazardous conditions.

Financing and Escrow Instructions

Financing Contingency:

If financing contingency applies, financing contingency deadline:

Default; Remedies; Governing Law

If Buyer fails to close in accordance with this Form and the Purchase Contract, Seller may retain earnest money as liquidated damages or pursue specific performance, at Seller's election, consistent with applicable law. If Seller defaults, Buyer may pursue specific performance or termination and return of earnest money. Remedies provided herein are cumulative and do not exclude any remedy available at law or in equity.

Governing Law: This As-Is Form shall be governed by the laws of the State of without regard to conflict of laws principles.

Entire Agreement; Severability: This Form constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes prior written or oral agreements to the extent inconsistent. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Seller's Certification

Seller certifies, to the best of Seller's knowledge, the representations and disclosures contained in this As-Is Form are true and complete as of the date of Seller's signature below. Seller acknowledges that Seller has not knowingly concealed material facts about the Property.

Buyer Acknowledgement

Buyer acknowledges receipt of this As-Is Form, acceptance of the terms hereof, and that Buyer has been afforded the opportunity to conduct inspections and independent investigations prior to closing.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

Enter text✕

What the Real Estate As-Is Form Is and When It Applies

The Real Estate As-Is Form is a written disclosure used in property transactions to state that the seller offers the property in its current condition without promises to repair or improve. It typically describes known defects, material facts, and any limits on representations about condition. The form can be standalone or part of a purchase contract and helps allocate responsibility for post-closing repairs and inspections. Use of an As-Is Form is governed by state disclosure laws and common law duties; its precise wording affects enforceability and buyer remedies.

Why an As-Is Form Matters in Real Estate Deals

A clear As-Is Form clarifies expectations, documents known defects, and reduces post-closing disputes when properly executed. It preserves seller disclosures while informing buyers about inspection responsibilities and potential price adjustments.

Why an As-Is Form Matters in Real Estate Deals

Who Typically Completes or Signs an As-Is Form

Ensure the correct parties sign, with dates and initials where required. If a third party (attorney, trustee, corporate officer) signs, confirm signing authority and attach proof of authorization.

  • Listing agents and brokers who need to document seller statements and statutory disclosures accurately.
  • Sellers who want to limit post-closing repair obligations while still complying with disclosure statutes.
  • Buyers who must acknowledge receipt of condition information and confirm inspection rights.

Stepwise Completion Checklist

Follow these practical steps to prepare, review, and finalize an As-Is Form for a residential sale.

  • 01
    Prepare: Gather seller ID, title info, and previous disclosures.
  • 02
    Describe: Document known defects and relevant dates.
  • 03
    Review: Have buyer and counsel review inspection and warranty language.
  • 04
    Sign: Obtain signatures and date; retain copies for closing file.

Where to Send and File the Completed Form

Routing the As-Is Form ensures the record is available to title companies, lenders, and closing agents and forms part of the closing package.

  • Listing Broker: Place a copy in the broker transaction file for compliance and audit.
  • Title Company: Provide to title agent to confirm disclosures for underwriting.
  • Buyer and Agent: Deliver signed copies to buyer and both agents for their records.
  • Closing Agent: Include in closing binder and final HUD/closing statement packet.

How to Configure an Online As-Is Workflow

Set up a repeatable digital workflow so documents are routed, signed, and archived with consistent fields and authentication.

Field Configuration
Signature Order Seller then buyer; include agent as a carbon copy
Required Fields Property address, effective date, defects summary
Authentication Email + optional SMS or ID verification
Archive Location Save signed PDF to transaction folder and cloud storage

Digital Signing and Document Handling Requirements

Choose a provider with ESIGN and UETA compliance, audit trails, and retention features to meet legal and closing requirements.

  • Supported Formats: PDF, DOCX
  • Authentication Options: Email link, SMS code, KBA
  • Integrations: CRM and cloud storage

Notarization and Witness Flow at Closing

Follow this horizontal sequence if notarization or witness acknowledgments are required for the As-Is Form or related deed.

01

Pre-Closing Review

Confirm local notarization and witness rules before signing.

02

Signer Presence

Ensure all required signers attend the same session.

03

Notary Acknowledgment

Notary completes acknowledgment and any journal entry.

04

Witness Signatures

Gather the required number of witnesses in states that require them.

05

File with Closing

Include notarized form in the final closing packet.

06

Title Recording

Record any deed per county rules; As-Is Form remains part of transaction file.

07

Retain Copies

Distribute signed copies to buyer, seller, and title.

08

Post-Closing

Address any post-closing claims per the As-Is and disclosure terms.

Security and Compliance Considerations for Electronic As-Is Forms

Encryption: AES-256 at rest
Transport Security: TLS 1.2/1.3 in transit
Audit Trail: Timestamped signing events
Access Controls: Role-based permissions
BAA Availability: HIPAA BAA available
Standards: SOC 2 Type II, ISO 27001

Common Legal Risks and Consequences

Incomplete Disclosure: Buyer claims post-closing damages
Wrong Signatory: Document challenge or delay
Missing Notary: Recording rejection
Improper Form: Statutory noncompliance
Unsigned Pages: Enforceability issues
Altered Document: Potential fraud allegation

Frequent Preparation and Execution Pitfalls

  • Using vague language such as 'as-is, with all faults' without listing known defects creates ambiguity and may not satisfy statute-based disclosure obligations.
  • Failing to match the seller's legal name to title records causes closing delays and can require supplemental affidavits or corrective deeds.
  • Relying on buyer acknowledgment alone without documented inspection options increases post-closing dispute risk, especially when latent defects appear.
  • Not confirming local notarization or witness rules before signing can result in refused recording or a requirement to re-execute documents.

eSignature Vendor Pricing and Feature Snapshot for As-Is Forms

Basic vendors and feature tradeoffs for electronic execution — signNow appears first per platform comparison conventions 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

Frequently Asked Questions About the Real Estate As-Is Form

Answers to common issues encountered when preparing, signing, and storing As-Is Forms in U.S. residential transactions.


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