As Is Home Purchase Agreement Template for England and Wales

An As Is Home Purchase Agreement is a specialised property contract that legally transfers ownership while explicitly stating the buyer accepts the property in its current condition, including all defects and issues. Under England and Wales law, this agreement protects sellers from future claims about property conditions while ensuring buyers understand they are purchasing without warranties or guarantees about the property's state.

When do you need this document?

You need this agreement when selling properties that may have significant issues or when you want to limit your liability as a seller. It's commonly used for auction properties, distressed sales, inherited properties that haven't been maintained, or properties requiring substantial renovation. Estate agents often recommend this approach for properties with known structural issues, outdated systems, or when sellers cannot afford pre-sale repairs. Buyers typically use this agreement when purchasing investment properties for renovation or when they've conducted thorough inspections and accept the associated risks for a reduced purchase price.

Key legal considerations

The agreement must clearly state that the buyer has inspected the property and accepts it "as is" with all faults, defects, and conditions. You must include comprehensive property descriptions, precise purchase terms, and explicit disclaimers about warranties. The document should specify which fixtures and fittings are included and address any known issues transparently. Under the Misrepresentation Act 1967, sellers must still disclose material facts they're aware of, even in "as is" sales. The agreement must also comply with Consumer Rights Act 2015 requirements if the seller is a business, ensuring fair contract terms and adequate disclosure of the property's condition.

Legal requirements in England and Wales

The agreement must comply with the Law of Property Act 1925, requiring contracts for land sales to be in writing and signed by both parties. You must include the registered title number and ensure the document meets Land Registration Act 2002 requirements for proper title transfer. The contract should specify completion dates, deposit amounts, and payment methods in accordance with standard conveyancing practices. Consumer Protection from Unfair Trading Regulations 2008 require honest disclosure of property conditions, meaning you cannot hide known defects even in "as is" sales. The agreement should also address search requirements, planning permissions, and any restrictive covenants affecting the property to ensure compliance with England and Wales property law.