Bottomley: Solving the Looming Developer Liability Problem

Bottomley: Solving the Looming Developer Liability Problem

Waiving contingencies is not the same as "as-is"; it says that as the buyer, I am willing to first show that you had actual knowledge of, or should reasonably have known about, a problem I find before I can hold you liable for any part of it. This makes the sale simpler for the vendor, since in most cases, you don't have problems that you don't know about but reasonably should know about, so it limits the complexity of your disclosure requirements down to "what problems do I have with the house that I know about but haven't yet fixed?"

If you genuinely were selling the house "as-is", you wouldn't need to disclose anything other than the extent of the plot of land, and everything else is simply "as is", and not something you describe in the sale contract.