Character, Condition and Suitability of Property; No Warranties Clause Samples

Character, Condition and Suitability of Property; No Warranties. (a) Buyer’s obligations under this Agreement are not contingent upon the results of any post-Auction inspection, investigation or evaluation of the character or condition of the Property or its suitability for any particular use or purpose. Buyer is responsible for having completed all such inspections, investigations and evaluations prior to the Auction. Buyer acknowledges (and represents to Seller) that ▇▇▇▇▇ has either completed all such inspections, investigations and evaluations or has knowingly and willingly elected to purchase the Property without having done so. In either case, ▇▇▇▇▇ assumes all risks and agrees to acquire the Property “AS IS, WHERE IS”. ▇▇▇▇▇ acknowledges that Seller has not agreed to perform any work on or about the Property, before or after Closing, as a condition of this Agreement. Seller shall have no obligation before or after Closing with respect to (and Buyer’s obligations under this Agreement are not contingent upon obtaining) any permit or approval that Buyer may need in connection with any prospective use, improvement or development of the Property. THE PROPERTY IS SOLD “AS IS, WHERE IS”, WITHOUT ANY WARRANTY OF ANY KIND AS TO ITS CHARACTER OR CONDITION AND/OR ITS SUITABILITY FOR ANY PARTICULAR USE OR PURPOSE. ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE THAT MIGHT OTHERWISE BE IMPLIED IS HEREBY DISCLAIMED. SELLER, AUCTION COMPANY, COOPERATING BROKER AND THEIR RESPECTIVE REPRESENT- ATIVES AND AGENTS SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES. (b) Without limiting the foregoing provisions, Seller, Auction Company, Cooperating Broker and their respective agents and representatives disclaim any promise, representation or warranty as to: (i) acreages; (ii) zoning matters; (iii) water rights; (iv) environmental matters; (v) the availability or location of any utilities; (vi) the availability of any permit (such as, but not limited to, any building permit, zoning permit or highway permit for a private drive or field entrance); (vii) whether or not the Property is qualified or suitable for any particular use or purpose; and/or (viii) the accuracy of any third party reports or materials provided in connection with this Agreement and/or the marketing of the Property and/or the Auction.