TEXAS: can I add this 'as is' language to a general warranty deed in Texas without...
Asked Feb 20, 2012, 08:19 PM
... voiding it, or hurting it in some way?
"The Property is conveyed and accepted "AS IS," in its present physical condition, with all faults and defects, known or unknown, and without warranties, express or implied, except for warranties of title as may be expressly set forth and limited herein."
I am an individual, not a business or corporation or trust. Just another John Doe selling a vacant lot to Bob McCoy. Title is good, no worries there. But I am not familiar with the history of the land except to say that rednecks lived there for a little less than a century, so I am looking to cover my butt.
Hi Chuck. Thanks for your reply. This is a small lot not worth much. I've been screwed by lawyers who didn't know what they were doing in the past, and wish to skip dealing with another. I really just need to know if I can add the 'as is' language to a General Warranty Deed in Texas without harming it in some way. That's all.
AK Lawyer, anonymous people on the internet who have been in similar situation are liable to know what is right from experience. Also, I have a larger amount of people to ask, and none of them charge me. The amount of money that has been taken from me by incompetent lawyers far exceeds the appraisal value of the property in question.
Ah... now your other question makes things a little clearer.
The general rule when transferring property is that all obligations merge with the deed. So if you had a contract to sell which contained obligations on your part that needed to be fulfilled, those obligations are considered to have been fulfilled upon your delivery and the buyer's acceptance of the deed and payment of the proceeds, unless there is a specific agreement otherwise.
Therefore it shouldn't be necessary to include "as is" in the deed since that is the implication by law. But if you want to cover your butt, at the time of closing you should include a statement in the description that you are delivering the property with no warranties, express or implied. It won't stop someone from trying to sue you if there's a problem in the future but it will go a long way towards winning the case for you.
No, you can't add that language to a general warranty deed without voiding it.
Have you considered giving them a Bargain and Sale Deed with Covenants Against Grantor's Acts? That's the deed most commonly used for transfers in my area. The only warranty you're giving is that you, personally, have not done anything to cloud the title.
I have considered using that or a deed without warranties. Lonestarlandlaw's page that discusses deeds says that a deed without warranties is better than a quitclaim, I don't know how though since their almost identical. The thing is, a general warranty deed doesn't warrant against defects in the property, either. It's just that in our litigious country, people sometimes ignore stuff like that if they think there's a chance they can use the legal system to screw you over. So I would feel much better if I could put 'property sold as is' somewhere. But I can't do it on the deed. That's cool.
A deed without warranties is better than a quit claim because at least the seller is saying he owns the property. Title companies and lenders prefer that. :)
As I said earlier, the implication that the property is sold "as is" is already part of the deed, since all prior agreements merge into the deed. But yes, people are litigious and there will always be attorneys who will sue on their behalf, thinking that they can get you to settle to make them go away. But with a vacant lot they'll find it difficult to win their case.
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