"AS IS PURCHASE CONTRACT"

[Kathy Persall]

Hello to all:
On purchase contracts " As Is " in Florida, does the seller have to provide" Lead Paint Disclosure" to the buyer if the property is pre 1978 or not? On the contract it says it is mandatory but is it? Even if the contract is "As is"?

Thank you

[Joel Owens]

Providing the lead based paint disclosure is a Federal law.

I am not in Florida but everywhere I know selling "AS-IS" doesn't 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's upon the buyer to inspect and conduct due diligence with the property.

If you don't disclose a known material fact or give proper disclosures required by law you can still be sued for damages and lose.

Usually banks that have foreclosed and estates have never lived in the property and cannot fill out a sellers disclosure or warranty it's condition.The seller still provides proper mold,lead paint disclosures etc. that they get the buyer to sign to protect themselves from future litigation.

no legal advice