just inherited a house in Overland Park which I intend to sell immediately. If I advertise & sell it “As-Is”, with no property disclosures, does the home buyer have any recourse against me or can they cancel the contract for defects discovered in an inspection?

Question: I just inherited a house in Overland Park which I intend to sell immediately. If I advertise & sell it “As-Is”, with no property disclosures, does the home buyer have any recourse against me or can they cancel the contract for defects discovered in an inspection?
–Kelly W. from Leawood, Kansas

Answer: Yes, home buyers can cancel the contract during the due diligence period (Inspection Period). The inspection period is typically the first 7-15 days of the contract period. Selling “As-Is” means that you won’t be responsible for fixing anything, but Buyers have the right to know what they are buying ahead of time. You also have a duty to disclose any known defects in the home and the Buyer “could” have recourse if you knew of something and didn’t disclose it. 

Your best bet is to be upfront with Buyers but of course, if you never lived there, discuss proper wording on the contract with your attorney to cover yourself for any later problems.

Please consult a real estate attorney if you have questions about this.


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