🟦 Real Agent Scenario
“It’s As-Is… Except When It’s Not”
📘 Scenario
A buyer goes under contract on a home that is marked “as-is.” The buyer’s agent tells them, “The seller doesn’t have to fix anything, but we can still terminate if the CL-100 isn’t clean.”
After inspections, the CL-100 comes back with active termite damage. The seller refuses to make repairs, stating the home is being sold as-is.
The buyer is confused and upset, believing “as-is” means no repairs, but also believing the CL-100 contingency still protects them. The seller claims the buyer is stuck. The agent is now caught trying to explain two things they blended together incorrectly.
⚖️ Broker Guidance
In the South Carolina contract, “as-is” does not eliminate contractual contingencies that are expressly included in the agreement.
An as-is sale generally means the seller is not agreeing to make repairs, but it does not override contingencies such as:
Due Diligence
Financing
Appraisal
CL-100 (if the contract is contingent upon the seller delivering a clear CL-100)
If the contract includes a CL-100 contingency, the seller must still be able to deliver a clear report or the buyer may have termination rights under that contingency. “As-is” does not excuse the seller from contractual obligations they agreed to.
Agents must clearly explain that:
As-is relates to repairs, not contractual rights
CL-100 is separate if it is specifically made a contingency
Seller refusal to repair does not automatically negate buyer rights if the contract requires a clear CL-100
Misstating this creates confusion, disputes, and potential complaints.
📝 Action Steps
What the agent should have done:
1. Clearly explained what “as-is” means and what it does not mean
2. Reviewed the CL-100 section of the contract with the buyer line by line
3. Confirmed whether the seller was contractually obligated to deliver a clear CL-100
4. Set expectations early about seller options versus buyer termination rights
What the agent should not have done:
Told the buyer “as-is means the seller doesn’t have to do anything”
Blended repair negotiations with CL-100 contingency rights
Assumed as-is overrides written contract contingencies
💡 Broker Tip
“As-is” is not a magic shield.
If the contract requires a clear CL-100, the seller must still meet that obligation or face the consequences under the contract.
