ContractsIntermediateCalifornia Exam

Which of the following describes an 'as-is' clause in a California residential purchase agreement?

AIt eliminates the seller's obligation to complete any Transfer Disclosure Statement
BIt limits the buyer's right to inspect but does not eliminate the seller's duty to disclose known material factsCorrect
CIt means the buyer waives all inspection rights
DIt is prohibited under California law

Why It limits the buyer's right to inspect but does not eliminate the seller's duty to disclose known material facts Is Correct

Answer B: It limits the buyer's right to inspect but does not eliminate the seller's duty to disclose known material facts

Even with an 'as-is' clause, California sellers must still disclose known material facts about the property. An 'as-is' clause does not eliminate the Transfer Disclosure Statement requirement or the seller's disclosure duties.

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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