Most laypeople understand generally that when you buy something “as-is,” it comes without any warranties. In its simplest terms, this would mean that if there is anything wrong with the item, the buyer must simply accept it, and has no recourse against the seller for the defect.
In the case of real estate sales in Washington State, the picture is not quite so straightforward. In 1994, the Washington State Legislature enacted RCW Chapter 64.06, which imposed proactive disclosure obligations on sellers. These obligations cover just about every real estate sale, whether it is vacant land, commercial property, or residential property. Sellers often try put all responsibility on buyers by marketing the property as being sold “as-is” and then putting “as-is” language in the purchase and sale agreement. But this, by itself, is likely not enough to avoid liability. The seller must still comply with applicable law by disclosing known material facts bearing on property defects.
