What does an as is, where is clause mean when buying a property through a receivership sale?
An "as is, where is" clause means you are agreeing to take the property in its actual physical condition and its actual current legal state at the time of the sale, without the receiver making any representations or warranties about either one. Practically, that means no promises about the roof, the mechanical systems, environmental condition, or anything else about the property's physical state, and no guarantee about matters like existing tenancies, occupants, or other conditions affecting the property as it stands.
This kind of clause is standard in receivership sales because the receiver, as a court-appointed administrator rather than a long-term owner, is generally not in a position to vouch for details it has no firsthand knowledge of, and shifting that risk to the buyer is part of what allows these sales to proceed efficiently. It places the full weight of due diligence - inspection, title review, and any other investigation - squarely on you before you commit to buying.
Read this clause carefully with your lawyer and treat it as a clear signal to do more independent investigation than you would for an ordinary purchase, not less.
Key takeaways
- An "as is, where is" clause means no representations about physical condition or current legal state.
- It is standard in receivership sales because the receiver has limited firsthand knowledge of the property.
- The clause shifts essentially all due diligence responsibility onto the buyer.
- Treat it as a signal to investigate more thoroughly, not a reason to investigate less.