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.

Photo of Tamara Boeck Tamara Boeck

Tamara Boeck routinely advises owners, developers and general contractors primarily in California, Idaho and Nevada.  Tami works with clients on a wide range of projects including commercial, residential and mixed-use projects, as well as construction-related aspects of oil and gas, mining, food processing…

Tamara Boeck routinely advises owners, developers and general contractors primarily in California, Idaho and Nevada.  Tami works with clients on a wide range of projects including commercial, residential and mixed-use projects, as well as construction-related aspects of oil and gas, mining, food processing, solar, wind, geothermal, biofuel, wastewater treatment and other industrial facilities. In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts, she handles construction disputes from mediation through litigation or  arbitration, which often encompass significant business conflicts, project delay, workmanship and performance deficiency claims, as well as those matters involving lien laws, insurance coverage disagreements with insurers, claims involving toxic tort, product liability and catastrophic injuries. With  her depth of experience, she is able to assist and protect her clients in arbitration or trial when a pragmatic business resolution is not available. Tami has been listed in Best Lawyers in America© for Construction Law since 2010. She is immediate past chair of the firm’s Real Estate, Development & Construction group,

Photo of Sylvia Arostegui Sylvia Arostegui

Sylvia Arostegui is a partner in the Real Estate group and brings deep real estate, business, finance and project development experience in a wide variety of industries, including real estate, traditional and renewable energy, mixed-use development, hospitality, and healthcare.

In her real estate…

Sylvia Arostegui is a partner in the Real Estate group and brings deep real estate, business, finance and project development experience in a wide variety of industries, including real estate, traditional and renewable energy, mixed-use development, hospitality, and healthcare.

In her real estate and project development practice, Sylvia assists developers, borrowers and lenders, landlords and tenants, and investors and land owners in the full spectrum of business, financial and commercial real estate transactions, including acquisition; disposition; project development and construction; ground, office and retail leases; easement and access agreements; title; site control; and construction contracts.