ContractsIntermediateCalifornia Exam

An 'as-is' clause in a purchase contract means:

AThe seller has no duty to disclose known defects, per standard contingency and disclosure practice
BThe buyer accepts the property in its current condition but the seller still must disclose known material defectsCorrect
CThe buyer waives all inspection rights, under standard California purchase contract terms
DThe seller is not liable for anything after closing, as typically drafted in a residential purchase agreement

Why The buyer accepts the property in its current condition but the seller still must disclose known material defects Is Correct

Answer B: The buyer accepts the property in its current condition but the seller still must disclose known material defects

An 'as-is' clause means the buyer accepts the property in its current condition but does NOT relieve the seller of the duty to disclose known material defects. The seller must still complete the Transfer Disclosure Statement (TDS) in California.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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