Also known as: as-is clause · as is · as-is · as is warranty · as is sale
Written by attorneys · grounded in primary & secondary sources — see below
An express contractual provision by which a seller disclaims implied warranties regarding the condition of goods or property. The clause allocates to the buyer the risk of any defects that an inspection ought to have revealed.
Alexandra Armstrong sells her warehouse to Adrian Aguilar under a contract containing an as is clause. After closing Adrian discovers hidden structural damage that an inspection would have revealed. The clause prevents Adrian from recovering on a warranty theory because the provision shifted that risk to him.
Arthur Abrams conveys property described only by reference to lives in being and includes an as is clause. The buyer later claims the septic system is defective. The clause bars recovery because the buyer accepted the present condition and assumed the risk of latent defects.
The personal representative of a decedent sells estate machinery to Amber Alonzo under an as is clause. The buyer later alleges the equipment failed to meet implied standards. The clause defeats the claim because the buyer accepted the goods in their existing condition.
Select any source to read its text and confirm it supports the definition.
A trustee sells trust equipment to Austin Abbott pursuant to a court-approved order that includes an as is clause. The purchaser later seeks to attach distributions for breach of warranty. The clause prevents the claim because the buyer assumed the risk of the equipment's condition.
Anchor Bank sells repossessed vehicles to Aaron Adams under contracts containing as is clauses. Adams claims the clauses violate public policy because they shield the bank from liability for known defects. The clauses remain enforceable because they plainly allocate risk without offending any statutory prohibition.
Apex Dynamics repossesses goods sold under an as is clause and uses force that exceeds what is privileged. The buyer sues for the resulting damage. The clause still bars warranty claims but does not affect liability for the excessive force itself.
No. An as is clause allocates risk of defects and excludes implied warranties but does not shield a seller who makes affirmative misrepresentations. Courts permit fraud claims to proceed even when the contract contains such a clause.
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The clause often defeats mutual mistake claims by showing the parties allocated the risk of the unknown condition to the buyer. Courts treat the clause as evidence that the buyer accepted the property in its present state.
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Expressions such as as is, with all faults, or other language that in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that no implied warranty exists will suffice.
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An oral warranty generally contradicts an as is clause and is barred by the parol evidence rule. Courts refuse to admit such evidence when the written clause plainly disclaims all implied warranties.
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…him to exercise them. Moreover, it is consistent with our legal system that we give at least as much protection to these rights as is given in the jurisdictions described. We deal in our country with rights grounded in a specific requirement of the Fifth Amendment of the Constitution, whereas other jurisdictions arrived…