Can I negotiate an "As Is" property after inspection?

Question

I'm about to go under contract on a duplex. The sellers added an "As Is" #2 addendum. I still have the inspection clause.

The home is older and I am planning to negotiate after the inspection report.

Based on this "as is" clause, am I still allowed to negotiate repairs or not? I am confused on what the purpose of the "as is" clause is, if I still can negotiate with the inspection clause.

Is it that I can't negotiate certain things?

Matt Groth · Answer

@Neel P. Not sure why you would "plan on negotiating ". You haven't even seen the report yet! Putting a big number to get it under contract, on an as-is property, with the intent of negotiating,  feels a little off..

Russell Brazil · Answer

They might just ignore your attempt to negotiate as your contract states you have no right to negotiate. That is what I often do.

Nathan Gesner · Answer

You're allowed to do anything you want. Ask them to change the door knobs, replace the roof, or dance naked with a lamp shade on their head. The question is: what will they allow?

People list "as is" all the time but that doesn't mean they are 100% against negotiation. Most of them will still negotiate something reasonable. Otherwise, everyone would list every single house "as is" and never have to deal with repairs!

My wife just listed a house that has been lived in by the same person for 50 years. No updates inside. Lawn is completely dead. Roof is 25 years old and 100% shot (but not leaking). Anyone walking by can see it's a complete fixer-upper. However, it's in a great location with a huge lot that could support a second residence. She priced it accordingly, it went under contract for full price and all cash in six hours. Three days later, they backed out because they realized it would take too much work. Seriously?

The property is worth what you're willing to pay. Be reasonable and see if they can do the same.

Michael King · Answer

Guaranteed you will not get anything you don't ask for. Expect 'no', hope for 'yes.'

Todd Powell · Answer

@Neel P. Real estate deals are ALWAYS a negotiation. I sold a house last year and the buyer offered all cash and AS IS. Funny, after my complete reno the inspector can ALWAYS find something to bring their value to the table. The buyer then wanted some fixes and wish lists. I could have said pound sand, but they did offer $11k over asking and was the highest offer so I decided to do $500 worth of stuff, including getting someone to bag up the ripped insulation under the house along with the 4 skeletons of racoons. Find the win-win and always protect yourself and remember life is ALWAYS a negotiation!

Matt Ziegler · Answer

Based on your screenshot, you have a right to ask for it, and can cancel if you don’t get it. So, might as well ask. Do you numbers work either way? To me that’s a better question. Best of luck, cheers

Alecia Loveless · Answer

@Neel P. While it can go either way I just negotiated $100,000 off a $300,000 as is house because the repairs needed were so significant and the seller truly was unaware of them until my inspection disclosed them. So you never know until you ask.

But if it’s a bunch of small stuff they may say no.

Sean McCluskey · Answer

@Neel P. Where I buy, the As is clause means that you can’t back out for some defect that was already disclosed on the sellers disclosure form. And the seller says they won’t make any repairs. But if you find some new issue, you can back out.

Lynnette E. · Answer

Just do not be surprised if they tell you that they will not do anything.

When I sold my mom's house, I accepted the price based on 'as-is-.  If they wanted to play the renegotiate the price after inspection game, I would have kept the price higher.  So when they came back with their list of demands, I told them they choice was release the inspection and proceed with the purchase or cancel and I'll find someone else to buy it.  They whined until the last day of the inspection clause, then bought i.

Theresa Harris · Answer

You can ask, but if there were things that looked like they'd be a problem that should have been factored into your offer price. So of like the house Nathan mentioned-some things are really obvious problems and that is accounted for in your offer. If you signed it as is and want to negotiate later, don't be surprised if they say no.

Can I negotiate an "As Is" property after inspection?

Most Popular Reply