“As-is” is one of the most misunderstood phrases in real estate. Many buyers see it in a listing and assume it means they have no rights, no recourse, and no ability to negotiate. That’s not entirely true — especially in New Jersey.
What ‘As-Is’ Actually Means in NJ Real Estate
When a seller lists a property as-is, they are generally indicating they will not make repairs or provide credits for defects. However, in New Jersey, this does not mean the seller can conceal known material defects, that you give up your right to a home inspection, that the contract cannot be negotiated during attorney review, or that you automatically waive your right to cancel.
The Seller Disclosure Requirement in New Jersey
New Jersey law requires sellers to complete a Seller’s Property Disclosure Statement, revealing known defects in the property’s structure, systems, and environmental conditions. Selling as-is does not waive this obligation. If a seller knowingly conceals a material defect, you may have legal recourse even after closing.
The Home Inspection Is Still Critical
Even in an as-is transaction, you should always conduct a thorough home inspection. The results give you critical information about what you’re buying. While you may not be able to demand repairs, you may be able to negotiate the purchase price, walk away without penalty (if your contract allows), or make an informed decision about whether the purchase still makes financial sense.
What Your Real Estate Attorney Should Review
- The as-is language in the contract and its exact scope
- The seller’s disclosure statement for completeness and accuracy
- Any inspection contingency provisions and your cancellation rights
- Title history for liens or open permits that become your problem post-closing
- Any language that attempts to waive your statutory rights — which may not be enforceable
Buying an as-is property? Don’t waive your rights — consult Bruno Law Group first.
Call: (201) 720-9972 | Email: info@brunolawgroup.com | Visit: brunolawgroup.com
Attorney Advertising. Prior results do not guarantee a similar outcome. The information in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Contact Bruno Law Group for advice specific to your situation.
