As Is Where Is in QLD Contracts: Buying All the Problems Too
Plain English Definition
"As Is Where Is" means you agree to buy the property in its current condition — defects, structural issues, illegal structures, mould, and all. The seller makes no warranty that the property is in good repair. Upon settlement, whatever you see is what you get, and you cannot seek compensation from the seller for any issues discovered afterwards.
The Danger Zone: Buyer's Risk
This clause is a legal release for the seller — and a significant liability for buyers:
- You inherit all defects — Leaking roofs, dodgy wiring, termite damage, failing retaining walls. Once settled, these repair costs are yours alone.
- Overrides implied warranties — In normal contracts, sellers have implied obligations. "As Is" wipes most of these out.
- Combined with no inspection clause — The most dangerous scenario is signing an "As Is" contract without a Building and Pest Inspection clause. You have zero recourse.
- Off-market and distressed sales — These clauses are common in deceased estate sales, mortgagee-in-possession sales, and council-ordered sales.
- Non-disclosure of known defects is different — Sellers cannot hide known defects (that's fraudulent misrepresentation), but "As Is" prevents you from claiming for defects the seller didn't know about.
Real-Life QLD Scenario
Tom purchased a character home in Toowoomba for $550,000 as part of a deceased estate. The executor insisted on an "As Is Where Is" contract to achieve a quick sale. Tom skipped the building inspection to speed up the process. After settlement, he discovered the entire subfloor had severe termite infestation from years of neglect — a $130,000 rectification. Because the contract was "As Is," Tom had no legal claim against the estate.