From: "John Mianowski" 
Newsgroups: misc.invest.real-estate
Subject: Re: buying a house As Is?
Date: 7 Nov 2006 16:56:57 -0800
   posting-account=43j70QwAAACdvF6wRMPVPZD290tNI4nn


aehkuhn@msn.com wrote:
> I am buying a home that I was told I was buying As Is.  What you see is
> what you get.  house was fully furnished with all kinds of stuff.  a
> shed that was full of stuff and a house that contained pictures on the
> walls to rugs on the floor, a deer head on the wall.  We are to be
> closing on Friday.  I went back this past sunday and everything had
> been taken except for a couch and 2 chairs and TV.  What is the meaning
> of As Is, "what you see is what you get"??  We are alittle disappointed
> that we are now buying something that we really didn't agree to.  Any
> word of advice??

Real Property is the land & everything that is attached to it.  That
includes the house, garage, barn, fence, patio, etc. that can't be
removed without major effort.  That also includes fixtures that have
been installed in the house, such as lights, appliances, garage door
openers, sinks, carpet, security system, etc.

Personal Property is stuff that isn't attached or installed into the
house.

When you buy "a house", what you're buying is a piece of Real Property.
 When you look at "a house", you're often looking at a piece of Real
Property that is full of somebody's Personal Property.  Unless
otherwise specified, when you buy "a house", all you get is the Real
Property.  If you want to buy any of the Personal Property that might
be occupying the house, such as a couch or deer head, you've got to
work that out separately.

A common issue with regard to what is or isn't Real Property that's a
lot more common than furniture is light fixtures - chandeliers, in
particular.  A seller may expect to move their fancy chandelier to
their new house, while the buyer expects it to stay with the house,
since it's firmly attached.  Same thing with appliances.  Standard real
estate sale contracts have a section to list any items that are NOT
included, & there's nothing to prevent you from including in the
"other" section, specific reference to items that are to stay.

The general rule is, if it's nailed down, it stays.  If you have any
question about anything, ask.  If there's some feature that catches
your eye - like a chandelier - ask, even if you think it's "obvious".
Just because something is obvious to you, doesn't necessarily mean it
is to the other party to the contract.

As for "As-is", that refers to the material condition of the property.
Basically, it means that what you see is what you get, & there are no
warranties implied or expressed.  Once you've bought it, it's yours,
problems & all.  It's not uncommon for a sale to be made contingent on
the seller fixing something prior to closing.  "As-is" means that
there's none of that, either.

JM