Disclaimer

A little information about us, what we offer to our customers and our goals. A property disclaimer is a legal statement clarifying limitations regarding the condition or information about a property, protecting sellers or real estate professionals from potential liability. It typically states that the seller makes no guarantees about the property's condition and that the buyer accepts the property "as is". Disclaimers are common in real estate listings, contracts, and marketing materials, and are used to ensure buyers understand the limitations of information provided. Key aspects of property disclaimers: "As is" condition: The buyer accepts the property in its current condition, with no guarantee of quality or undisclosed defects. Limited warranties: Sellers may limit or exclude warranties about the property's condition, particularly for second homes or properties where the seller may not be the original owner. Disclosure of latent defects: While disclaimers limit liability, sellers are still obligated to disclose latent defects (hidden defects that a reasonable inspection wouldn't reveal). Buyer's responsibility: Buyers are encouraged to conduct thorough inspections to identify any potential issues before purchasing, even with a disclaimer. Common uses of disclaimers in real estate: Property listings: To clarify that information provided is not guaranteed and may be subject to change. Contracts: To allocate risk regarding property condition to the buyer. Marketing materials: To manage expectations regarding the accuracy of representations made about the property. Developer websites: To clarify that information is not an advertisement until fully updated and to limit liability for inaccuracies. Example clauses: Disclaimer of Condition of Property: "Seller makes no representations or warranties whatsoever, express or implied, concerning the condition of the property". Seller's Disclaimer: "Seller expressly disclaims and negates any representation or warranty, whether expressed or implied, relating to the condition of the property". Important considerations: State laws: Some states may require sellers to provide a full disclosure or a disclaimer before a contract is signed. Legal advice: Buyers and sellers should seek legal advice to understand the implications of a disclaimer and ensure it is appropriate for their specific situation. Transparency: While disclaimers protect sellers, transparency and honesty in property transactions are still crucial.