Buying a Home 'As Is'
Often Means Problems

Question: I bought a home directly from its owner. The owner submitted a disclosure statement that clearly claimed there were no roof leaks, the appliances were in good working order and there were no water runoff problems from rainfall.

Shortly after moving in, I had to have the dishwasher replaced (leaking valve) and the oven self-cleaning function repaired. I have spent more than $500 attempting to repair the roof leaks (still not dry after nine months), and there is water in the crawl space. I believe the seller purposely misled me with his disclosure statement. The problems would not have been obvious until living in the house when it rained, or until I used the appliances for a few days.

I bought the house with a contract stating I was not using a home inspector, and buying the house "as-is." I relied on the seller's disclosure document to be accurate, and "as-is" meant there were no appliance or roofing problems.

Do I have a valid claim against the seller which I can recoup my losses?

Answer: Your letter highlights the importance of having a thorough home inspection before completing a purchase. This is especially the case when the seller offers the home "as is." Normally sellers don't sell that way unless there's something seriously wrong with the house; offering to sell "as is" puts most buyers off and often results in a lower sales price. That's why most sellers don't use it.

If the seller's disclosure statement clearly states there were no problems with roof and appliances and you discovered problems immediately after taking possession (or after the first rainfall), you probably have a claim against the sellers for at least your cost of repairs. But save your receipts and check with an attorney. Since the amounts sound small, you'll probably end up taking this seller to small-claims court to collect.

Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent book is "Tips and Traps When Renovating Your Home," (McGraw-Hill, 2000).

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Steve, Marietta, Ga.

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