An 'as is' provision has what effect on the seller's duty to disclose material defects?

• A. Relieves the seller from all disclosure duties
• B. Nullifies the contract for undisclosed defects
• C. Does not excuse or circumvent the duty to disclose material defects
• D. Requires the buyer to assume all defects

Answer: (C)

The main idea here is that a seller’s obligation to disclose known material defects remains even when there’s an “as is” clause. An “as is” provision signals that the buyer accepts the property in its current condition and may limit remedies for defects that are discoverable, but it does not erase legal duties about disclosure. If the seller knows about defects that would affect the property’s value or safety, they still must disclose them. The duty to disclose arises to prevent fraud or misrepresentation and is not defeated by a contract term. If those known defects are hidden or misrepresented, the buyer can pursue remedies such as damages or rescission, despite the “as is” language.