As is where is clause in sell agreement

Querist : Anonymous (Querist) 21 January 2012 This query is : Resolved
I would like to put the following clause in my agreement but I am not sure if this is the right verbiage.

The Second Party has inspected and satisfied itself as to the physical condition of the said Flat and accepts that the said Flat, only insofar as it relates to the physical condition thereof, shall be transferred on an ‘as is where is’ basis.

Does this mean that the buyer needs to inspect it and would I need to get a receipt of such an inspection. Can I remove inspected and replace it with "has completely satisfied itself"...?

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prabhakar singh (Expert) 21 January 2012
It would be redundant and useless clause.

Querist : Anonymous (Querist) 21 January 2012
So, I should not even put this clause in my contract? What happens if later the buyer says to put xyz in the flat or doesn't accept it due to wear and tear?

prabhakar singh (Expert) 21 January 2012
yes!

You should write in recitals or as a clause that buyer has personally inspected the premises and only there after has estimated it's value and has agreed freely to pay the consideration sum of Rs.xyz after due negotiations and due bargains.

Raj Kumar Makkad (Expert) 21 January 2012
Both clauses you mentioned (being insisted by buyer and you seller) are not for use of immovable property rather both of these are for movable property.

In immovable contracts, it is presumed that the buyer is fully satisfied with the property under sale. A buyer should be vigilant enough about the status of the property. If he fails to be vigilant, it is he who has to suffer.

Do not insist to insert such words.

Querist : Anonymous (Querist) 21 January 2012
I was just going to ask that, if it is necessary to even put this clause into a agreement. So this is not necessary at all.

prabhakar singh (Expert) 21 January 2012
Yes! that is not necessary at all.

Shonee Kapoor (Expert) 23 January 2012
Not of any use.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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