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Anderson sold a property to Kelly. The contract contained the following statement: "Buyer to accept the property in an 'as is' condition." Both the seller and the broker knew that the plumbing was in a major state of disrepair, but did not tell Kelly. Would an action against the broker and the seller be successful?

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Answer:

The action against the seller by Kelly would not be successful. This is because, the contract agreement drafted by the seller contains that clause "as in" condition. It would be believed that, Kelly saw the condition in the contract, but still went ahead to purchase the house by signing the seller's contract agreement of sell. Whatever state the house is in would be taken by Kelly.

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