Thread: Realtor listing conditions
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Aug 23rd, 2009 09:42 PM
#1
Newbie
Realtor listing conditions
Hello everyone,
My husband and I were looking at Mls, came across a listing we are interested in and saw this condition posted by the realtor
No Representations Or Warranties Are Made Of Any Kind By The Seller Or Agent In Regards To This Property. All Information Displayed Is Believed To Be Accurate But Is Not Warranted And Should Be Independently Verified. ""In As Is Condition""
does anyone know what this condition means and why they would post the condition on the listing?
any information will be helpful.
Thanks
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Aug 23rd, 2009 10:06 PM
#2
They are essentially saying "This is what we have been told about the property by the owner, but don't blame us if it's wrong. Also don't hold us responsible for any problems with the property. Do your own inspection."
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Aug 23rd, 2009 10:07 PM
#3
So this is why you get an inspection before you purchase the home.
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Aug 23rd, 2009 10:11 PM
#4
It means you walk away, because there is something wrong with the house and they don't want to be held accountable for it when you inevitably discover it.
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Aug 23rd, 2009 10:15 PM
#5
[OP]
Newbie
so its not a condition that they post because it could be a grow op or even a foreclosure?? its pretty much used to "cover their asses" right?
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Aug 23rd, 2009 10:26 PM
#6
Is it a power of sale? Those are really the only ones where I see that...
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Aug 23rd, 2009 10:28 PM
#7
[OP]
Newbie
I'm not sure. I'm hoping its a condition they use to 'cover their ass" and i'm hoping its not a grow op. I sent an email to my agent to find out the history of the property so we'll see.
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Aug 23rd, 2009 11:54 PM
#8

Originally Posted by
PTOC
so its not a condition that they post because it could be a grow op or even a foreclosure?? its pretty much used to "cover their asses" right?
It could be to cover their asses for ANYTHING or NOTHING (just a standard disclaimer they put on every listing just in case).
Ask the agent if theres any reason for this regarding this listing and see what they say.
_______________
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Aug 24th, 2009 12:03 AM
#9

Originally Posted by
PTOC
so its not a condition that they post because it could be a grow op or even a foreclosure?? its pretty much used to "cover their asses" right?
Ya, as others said, it theoretically could mean it might be a grow op, but it really is there for absolutely anything that could be wrong. It doesn't mean they know something is wrong, it's a standard thing they would put on all their things just to cover their asses.
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Aug 24th, 2009 01:12 AM
#10

Originally Posted by
M08006899
Is it a power of sale? Those are really the only ones where I see that...
+1, the listing has the standard wording for "Power of Sale" (in Ontario) . It means the bank is selling the house on behalf of the owner (i.e. forced sale). The bank can't (doesn't want to) verify anything so they have a special out clause in the purchase agreement
Also, the out clause is there because there special rules (laws) governing a "Power of Sale" that the bank has to follow. For example, the bank can unilaterially cancel the purchase agreement right up to the closing day if the original owner suddenly comes up with some money
Last edited by l69norm; Aug 24th, 2009 at 09:16 AM.
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Aug 24th, 2009 02:01 AM
#11
Newbie
It is usually a disclaimer and like others have said, it can cover everything to nothing. Usually it's there to cover themselves (so if anything is wrong and/or not to your liking it's not their fault).
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Aug 24th, 2009 07:29 AM
#12
grow op.
if you buy that house you'll pretty much have to smash it down and rebuild it from ground zero, no telling what they did in there as a grow op
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Aug 24th, 2009 07:36 AM
#13
Jr. Member


Originally Posted by
PTOC
Hello everyone,
My husband and I were looking at Mls, came across a listing we are interested in and saw this condition posted by the realtor
No Representations Or Warranties Are Made Of Any Kind By The Seller Or Agent In Regards To This Property. All Information Displayed Is Believed To Be Accurate But Is Not Warranted And Should Be Independently Verified. ""In As Is Condition""
does anyone know what this condition means and why they would post the condition on the listing?
any information will be helpful.
Thanks
The first part is pretty standard, from my understanding. The idea is that you can't buy the house without seeing it and then say "the bedroom is actually 10x10 not 10x11". The as-in condition would defintiely scare me, though!
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Aug 24th, 2009 08:52 AM
#14
I think it's a typical clause they include (haven't checked other offers I've seen). If you're worried about it being a grow-op, you can list it as a condition in your offer (and the seller will have to reply "to the best of our knowledge...").
I'm now wondering if it's possible to put in the offer that the seller has to list everything they consider major problems as a condition for sale...
bjl
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Aug 24th, 2009 11:38 AM
#15

Originally Posted by
Anonymouse
It means you walk away, because there is something wrong with the house and they don't want to be held accountable for it when you inevitably discover it.
Not true at all...see the post below

Originally Posted by
l69norm
+1, the listing has the standard wording for "Power of Sale" (in Ontario) . It means the bank is selling the house on behalf of the owner (i.e. forced sale). The bank can't (doesn't want to) verify anything so they have a special out clause in the purchase agreement
Also, the out clause is there because there special rules (laws) governing a "Power of Sale" that the bank has to follow. For example, the bank can unilaterially cancel the purchase agreement right up to the closing day if the original owner suddenly comes up with some money
This is mostly likely the case...We had similar wording on our house as it was a Power of Sale but in good condition (just bad taste in decoration) lol

Originally Posted by
-=phelan=-
grow op.
if you buy that house you'll pretty much have to smash it down and rebuild it from ground zero, no telling what they did in there as a grow op
Again read the above posters explanation...just because the house is listed as-is does not mean its a grow up or something wrong with the house.
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