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a real estate litigation attorney.
Hi Kathy, really, these are two different issues. If you terminate your contract, the written terms of the agrrement will govern how and if you get your money back. Sounds to me like someone is saying an "as is" contract releases them of disclosure requirements which is not true, but even if there is lead, asbestos, radon, under sized wiring, contaminated water, broken sewer lines, leaky roof and no working mechanicals, you bought the place! When you get to Air Max Zero H closing, you likley find signed disclosures required by law. The fact that the agent is an idiot (along with the broker) will mean that you will have a potential claim against them for failure to disclose, but their viloation of federal law may not be sufficient to void your contract. To proceed you will need an attorney to hold their feet to the fire. As far as any exit from your agreement to accept the property in its "AS IS" condition, will depend on how your contract was written and if there are other exits avaialbe to you that have nothing to do with property condition, like being contingent on financing.
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Sounds like a seller that doesn understand what as is means or contract law.
You might benefit from a legal review of your contract by Air Max 1 Ultra Moire Red Camo
selling "AS IS" doesn give you free reign to not make proper disclosures or material facts known about the property.
"AS IS" is saying you are presenting the property without any warranties and you will not do repairs and it upon the buyer to inspect and conduct due diligence with the property.
Originally posted by Kathy Persall:Hi Tony: I was told since this is an as is purchase contract nothing had to be disclosed, so the contract I signed should be void and should get my $5k back
You won find legal representation on here for free to get your 5k back.
Providing the lead based paint disclosure is a Federal law.
If you don disclose a known material fact or give proper disclosures required by law you can still be sued for damages and lose. that they get the buyer to sign to protect themselves from future litigation.
AS IS PURCHASE CONTRACT
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