Sunday, December 21, 2025

Does “As Is” REALLY Mean Exactly as it is?

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Economic downturns

Throughout the course of my career in real estate, I have weathered several economic downturns. Each time there is a backlash of foreclosure market business, which isn’t necessarily a bad thing (especially if you are an investor).

I have been on both sides of representation, both working with the lenders as an REO agent and as a buyer’s agent for buyers looking for a deal.

Every bank owned property is listed in “as is, where is” condition. The lenders intend that the buyer should be aware that any inspections or investigation of the property is for edification only and will not result in repairs or compensation.

Lenders WILL participate

While it is true that most lenders will not participate in any form of credits at closing, it has been my experience that they WILL in fact participate in repairs to the property when asked.

I understand that every state has different laws and procedures, so this is just my experience in Massachusetts. Please contribute via comments on your state and the practices that you have experienced.

Especially over the last year and a half it has been my practice to at least ask for inspection items on foreclosure transactions and I have yet to be turned down.

Surprised? I was!

For example: a home in Springfield, MA that my buyer was purchasing had carpenter ants, plumbing issues and a broken window. The buyer was a single woman buying her first home and wasn’t comfortable with acquiring these repairs. After informing her that the bank had disclosed their “as is” standing, she asked me to submit a request for all of the items to be repaired prior to close.

I was certain that we would get a negative response to most if not all of the requests. Imagine my surprise when they said yes to all!

My point here is that it doesn’t hurt to ask. Inform your client that it is a long shot and that they will most likely say no, but submit the reasonable requests that you would submit on any other transaction. Then come back here and share with us if your experiences match mine!

Lesley Lambert
Lesley Lamberthttps://lesleylambert.com
Lesley offers 21 years experience in real estate, public speaking and training. Lesley has a degree in communications and was the recipient of an international award for coordinating media in real estate. In the course of her career Lesley has presented at international real estate conferences and state REALTOR associations, hosted a real estate television program, written articles for trade magazines and created marketing and PR plans for many individuals, companies and non-profits.

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