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As Is Sales Agreement for the United States

As Is Sales Agreement Template for United States

An As Is Sales Agreement is a legally binding document used in the United States that facilitates the transfer of property or goods in their current condition, with the buyer accepting all known and unknown defects. This agreement explicitly disclaims warranties and places the responsibility for inspection and acceptance of condition on the buyer, while protecting the seller from future claims related to the condition of the sold item.

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What is a As Is Sales Agreement?

The As Is Sales Agreement is commonly used when sellers wish to transfer property or goods without providing warranties or guarantees about their condition. This contract type is particularly relevant in the United States where it must comply with both federal and state-specific regulations, including the Uniform Commercial Code. The agreement typically includes clear disclaimers of warranties, detailed property descriptions, and known defect disclosures. It's especially useful for sales of used items, distressed properties, or situations where the seller wants to limit post-sale liability.

What sections should be included in a As Is Sales Agreement?

1. Parties: Identification of seller and buyer with full legal names and addresses

2. Background: Context of the sale and brief description of the transaction

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of goods/property being sold

5. Purchase Price: Amount and payment terms

6. As Is Clause: Clear disclaimer of warranties and condition of sale

7. Signing and Closing: Execution requirements and closing process

What sections are optional to include in a As Is Sales Agreement?

1. Inspection Period: Optional section specifying terms for buyer's inspection rights before finalizing sale

2. Broker Provisions: Optional section covering terms relating to broker involvement when applicable

3. Financing Contingency: Optional section detailing conditions related to buyer's financing when sale is contingent on financing

What schedules should be included in a As Is Sales Agreement?

1. Property Inventory: Detailed list of items included in sale

2. Known Defects Schedule: List of known issues or defects

3. Disclosure Statement: Required disclosures based on jurisdiction

4. Inspection Reports: Any existing inspection or condition reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Clauses


























Industries

Uniform Commercial Code (UCC): Primary body of law governing sales of goods, particularly Article 2. Key sections include 2-316 (disclaimer of warranties), 2-315 and 2-314 (implied warranties). Essential for structuring 'As Is' sales terms.

State-Specific Laws: Individual state variations in UCC interpretation, consumer protection regulations, and specific disclosure requirements that may affect the agreement's enforceability.

Federal Laws: Including Magnuson-Moss Warranty Act for consumer goods, Federal Trade Commission regulations, and federal consumer protection laws that may impact the agreement.

Contract Law Principles: Fundamental elements required for valid contract formation: consideration, offer and acceptance, capacity to contract, and legality of subject matter.

As Is Clause Requirements: Specific legal requirements for valid 'As Is' clauses, including clear and conspicuous disclaimer language, express negation of implied warranties, and state-specific requirements.

Disclosure Requirements: Legal obligations to disclose known defects, material facts, and safety issues, even in an 'As Is' sale.

Property Law: If the sale involves real estate: state-specific real estate laws, property disclosure requirements, and recording requirements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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