Does an “as-is” offer still allow an inspection decision—and would you wait?

R

RealThread

Homeowner
The seller says our request for further information—or any repair credit—goes against the as-is deal, and I am hesitant to test that position without knowing exactly what our inspection clause preserves. We priced the Boston villa on the basis that the seller would not carry out work, but retained an inspection contingency.

Can that contingency still give us the choice to withdraw if the inspection reveals a major defect, even if asking for money would reopen the bargain? I am also concerned about an unexpected transaction cost, the deadline for giving notice and the point at which our deposit becomes exposed.

The contract wording and applicable local rules will decide this, so which provisions should we have checked first: cancellation rights, notice requirements, permitted credit requests or deposit terms? We are also considering whether to pause until there are stronger completed comparables instead of relying on advertised prices.
 
As-is and an inspection contingency can serve different purposes: one signals that the seller is not promising repairs, while the other may preserve a decision point after inspection. Asking for a credit is renegotiation, though, so I can see why the seller objects even if it is not automatically a breach. I would focus first on what the contingency says about notice, cancellation and deadlines—not the seller’s description of its “spirit.”
 
What does the clause actually allow after inspection: cancellation only, or requests for repairs and credits too? That distinction is the missing fact. Also, has the seller asked for financing proof or indicated why speed matters? A motivated seller may consider a credit despite the as-is language, but testing that could be risky if your response deadline is close.
 
I would not wait for more completed comparables if doing so could expire the inspection protection. Comparables help judge the price; they do not diagnose the villa or preserve your contractual options.

Get the inspection completed, identify which findings are genuinely deal-changing, and have the relevant Boston-area professional explain the cancellation and deposit language before the deadline. Then choose cleanly between proceeding as-is, requesting a credit while accepting that the seller may refuse, or walking away if the clause permits it. Keep any appraisal-gap and financing exposure separate from the inspection decision.
 
You must log in or register to reply here.
Back
Top