The clause disclaims warranties regarding condition and shifts inspection responsibility to the buyer. It does not excuse fraud, active concealment, or statutory disclosure obligations in most states.
Sophisticated party transactions receive broader enforcement.
Alternative Names:
As-Is Provision|As-Is Where-Is
Why it Matters?
The limitation that as-is does not excuse fraud or statutory disclosure is what buyers and sellers most often misunderstand, since sellers assume the clause ends their exposure and buyers assume it eliminates their recourse. Neither is accurate. Active concealment of a known defect remains actionable regardless of the clause, and disclosure statutes operate independently of contractual allocation between the parties.
Frequently Confused with
Related terms
Frequently asked questions
Does as-is eliminate seller exposure?
Does it eliminate buyer recourse?
