A common provision in the purchase agreement of a real estate property is the \u2018as is, where is\u2019 clause. Translated into Dutch, this literally means \u2018as is, where is. You won't come across this one in the NVM model purchase agreement. Like an age clause, the \u2019as is, where is\u2018 clause is often manually added to a model. We often encounter this clause in purchase agreements for commercial real estate, but in recent years it has become much more common in purchase agreements for homes. But what exactly does such an \u2019as is, where is\u2018 clause mean for you as a buyer or seller? Lawyer Robert van Ewijk<\/a> is specialized property lawyer<\/a> And tells you about it in this blog!<\/p>\n In short, the provision means that the buyer buys the property in the condition it is in at the time of purchase. As a buyer you thus accept that there may (hidden) defects<\/a> present in the home, for which you cannot hold the seller liable under this provision. The \u2018as is, where is\u2019 provision therefore implies a major limitation of the seller's liability. This is because the seller is not liable for (hidden) defects. As a buyer, you therefore get no guarantee about the state or condition of the property.<\/p>\n Only if you, as a buyer, can prove that the seller knew about the defects and deliberately concealed them, or if the seller stated contrary to the truth, can the seller not invoke this provision and still be obliged to repair the defects. This is because in such a case there is a breach of the duty of disclosure<\/a>.<\/p>\nWhat does \u2018as is, where is\u2019 mean?<\/strong><\/h2>\n
Lawyer talks about \u2018as is, where\u2019 is clause in home purchase agreement<\/h2>\n