As Is Purchase Agreement Template for England and Wales

An As Is Purchase Agreement allows you to sell assets without providing warranties about their condition, quality, or fitness for purpose. Under England and Wales law, this type of contract is governed by the Sale of Goods Act 1979, Consumer Rights Act 2015, and Unfair Contract Terms Act 1977, which together regulate how sellers can limit their liability while protecting buyer rights.

When do you need this document?

You need an As Is Purchase Agreement when selling used equipment, machinery, vehicles, or property where you cannot guarantee the condition or performance of the asset. This is particularly common in auction sales, estate liquidations, business closures, or when selling inherited assets where you lack detailed knowledge of their history. The agreement is also essential for distressed sales where time constraints prevent thorough inspections, or when selling assets that may have hidden defects or require significant repairs.

Key legal considerations

The most critical aspect of your As Is Purchase Agreement is ensuring the warranty disclaimers are legally enforceable under English law. While Section 14 of the Sale of Goods Act 1979 normally implies warranties about quality and fitness for purpose, these can be excluded in business-to-business transactions through clear "As Is" provisions. However, the Consumer Rights Act 2015 provides mandatory protections for consumer buyers that cannot be fully excluded, even in As Is sales. Your agreement must include explicit statements that the buyer has inspected the asset or waived their right to inspection, and that they accept all risks associated with the purchase. The Unfair Contract Terms Act 1977 requires that any liability limitations be reasonable, so your exclusions must be clearly stated and proportionate to the circumstances of the sale.

Legal requirements in England and Wales

Under England and Wales law, your As Is Purchase Agreement must comply with specific statutory requirements to be enforceable. The agreement cannot exclude liability for misrepresentation under the Misrepresentation Act 1967, meaning you must ensure all statements about the asset are accurate. For consumer sales, the Consumer Rights Act 2015 maintains certain buyer rights that cannot be waived, including protection against goods that are not as described or are fundamentally unsafe. Your contract must clearly identify all parties, provide detailed asset descriptions, specify the purchase price and payment terms, and include prominent As Is clauses that are brought to the buyer's attention before signing. The governing law clause should explicitly state that the agreement is subject to English and Welsh law, and any dispute resolution mechanisms must comply with local jurisdiction requirements.