As Is Real Estate Contract Template for the United States
Generate a bespoke document
What is a As Is Real Estate Contract?
The As Is Real Estate Contract is commonly used when sellers wish to transfer property without assuming responsibility for repairs or improvements. This contract type is particularly relevant for distressed properties, foreclosures, estate sales, or situations where the seller lacks detailed knowledge of the property's condition. While the contract removes most seller warranties, it must still comply with federal and state disclosure requirements. The document typically includes property details, purchase price, closing terms, and explicit language regarding the as-is nature of the sale.
About the As Is Real Estate Contract
An As Is Real Estate Contract is a legally binding agreement that allows you to sell property in its current condition without providing warranties, repairs, or improvements. Under United States law, this contract type shifts the responsibility for property condition assessment and future repairs to the buyer while protecting you as the seller from post-sale liability claims.
When do you need this document?
You need an As Is Real Estate Contract when selling property where you cannot or do not want to guarantee its condition. This includes inherited properties where you lack detailed knowledge of maintenance history, distressed properties requiring significant repairs, foreclosure sales, or investment properties sold between investors. The contract is also valuable when you want to expedite the sale process by eliminating negotiation periods for repairs and inspections. Real estate investors frequently use these contracts when flipping properties or selling rental units to avoid warranty obligations on older systems and fixtures.
Key legal considerations
The as-is clause must be clearly stated and conspicuous within the contract to be legally enforceable. You cannot use this contract to hide known material defects or fraudulently misrepresent the property's condition. The buyer retains the right to conduct inspections and withdraw from the purchase if they discover unacceptable conditions. Your contract must include specific language regarding which warranties are being disclaimed and which seller obligations remain in effect. Even with an as-is clause, you remain liable for environmental hazards, structural issues that pose safety risks, and any misrepresentations made during the sale process.
Legal requirements in United States
Federal law requires compliance with the Truth in Lending Act (TILA) for disclosure of financing terms and the Real Estate Settlement Procedures Act (RESPA) for settlement process transparency. You must provide lead-based paint hazard disclosures for properties built before 1978 under the Lead-Based Paint Hazard Reduction Act. The Fair Housing Act prohibits discriminatory practices throughout the transaction process regardless of the contract type. State property laws govern the specific transfer procedures, recording requirements, and additional disclosure obligations that vary by jurisdiction. Your contract must meet state-specific requirements for property descriptions, witness signatures, notarization, and recording procedures to ensure valid title transfer.
GOVERNING LAW
Applicable law
This As Is Real Estate Contract is drafted to comply with United States law. Key legislation includes:
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it