The inclusion of an “as-is” clause in a contract for a real estate transaction has led courts in Oregon to allow parties to a deal to allocate the risk as to the property differently than through the historic concept of “caveat emptor” (let the buyer beware), which permitted a seller to shift the obligation to the buyer. In our recent Daily Journal of Commerce article, we look at how the courts are interpreting the inclusion of the “as-is” clause in Oregon and in California, where the courts have not allowed such a clause to protect a seller from liability for nondisclosure of known material matters or fraud. Read the full article here.

Originally published as “OP-ED: Is ‘as is’ really ‘as is’ in real estate contracts?” by the Daily Journal of Commerce on October 20, 2017.