In many situations with distressed properties, the property owner wishes to wipe his hands clean of the property. In these situations, the property owner will agree to sell the property only if the prospective buyer acquires the property in “as is” condition.

The Superior Court of Pennsylvania in Phelps v. Caperoon, 2018 Pa. Super. LEXIS 674 (June 18, 2018) for the first time issued a written opinion as to whether the language of “as is” condition contained within a residential agreement of sale alters the statutory obligation of a seller to disclose material defects regarding the subject property under Pennsylvania’s Real Estate Seller Disclosure Law (RESDL), 68 Pa. C.S. Sections 7301-7315.