Question:
“I’d like to put an As Is clause in the contract that says the buyer can’t sue me after they buy my home…”
Answer:
The standard California contract already has a clause that reads:
“Unless otherwise agreed: (i) the Property is sold (a) in its present physical (‘as is’) condition as of the date of acceptance and (b) subject to buyer’s investigation rights…”
HOWEVER…
- Legally, you still must have operative smoke detectors and carbon monoxide detectors in all “sleeping areas,” and the water heater must have earthquake straps.
- A buyer may still sue you if they find defects after closing that they think you knew about but didn’t disclose.
I doubt any clause could eliminate a buyer’s right to sue you for not disclosing defects. But if there was, good luck getting a buyer to sign away their rights.
