As Is Contract For Sale And Purchase Template for England and Wales

An As Is Contract for Sale and Purchase is a legally binding agreement that transfers ownership of property or assets from seller to buyer without warranties about condition or quality. Under England and Wales law, this contract type allows sellers to limit their liability while requiring buyers to accept all risks associated with the purchase. You use this document when you want to sell property in its current state without guaranteeing its condition or performance.

When do you need this document?

You need this contract when selling used equipment, damaged property, or assets where the condition is uncertain or problematic. Property developers commonly use these contracts when selling land with potential contamination issues or buildings requiring extensive repairs. Estate executors frequently employ this agreement when disposing of inherited assets where the condition is unknown. Businesses liquidating assets or selling second-hand equipment also rely on this contract type to minimise warranty obligations and potential claims.

Key legal considerations

The as-is provisions must be clearly drafted and prominently displayed to be enforceable under English law. You cannot exclude liability for fraud, misrepresentation, or death and personal injury under the Unfair Contract Terms Act 1977. Consumer buyers retain certain protections under the Consumer Rights Act 2015 that cannot be waived, even in as-is sales. The contract must include detailed property descriptions and explicit acknowledgments that the buyer has inspected the assets or waived the right to inspection. Payment terms, completion procedures, and risk transfer provisions require careful drafting to ensure enforceability. Title warranties remain necessary even in as-is sales, as sellers must guarantee they have the right to transfer ownership.

Legal requirements in England and Wales

The Sale of Goods Act 1979 governs most asset sales and establishes mandatory implied terms that cannot be fully excluded in consumer transactions. The Law of Property Act 1925 requires specific formalities for land transfers, including written contracts signed by both parties and proper conveyancing procedures. Under the Misrepresentation Act 1967, sellers cannot exclude liability for fraudulent statements, requiring honest disclosure of known defects. The contract must comply with the Unfair Contract Terms Act 1977 reasonableness test, ensuring exclusion clauses are fair and properly communicated. For consumer sales, the Consumer Rights Act 2015 provides additional protections that override contractual exclusions. Proper legal advice ensures your as-is contract complies with all applicable legislation while maximising available protections.