Is As-Is as As-Was was?

Dear Pat,
Our neighbors, good friends for many years, sold their house last year. They had no apparent problems in their basement, and never mentioned any water damage to us. Yet now we hear the buyers want to sue because water has seeped into a corner. This seems like a frivolous and greedy attempt to avoid normal house repair. We are planning to sell next year, and don't want this to happen to us. Can't we sell the house "as-is?" ---- Old Fashioned

Dear Old Fashioned,
I read into your letter a certain wistful longing for the "as-was" days, the days when "personal responsibility" was more a value than a self-improvement phrase; when your word, and your handshake, counted for something; when you could close the sale of your property with six forms instead of thirty. (OK, maybe it's just my own wistful longing!) But I fear an "as-is" offering nowadays will only cloud your honorable intentions and create an atmosphere of suspicion, resulting in ever-so-picky inspections and a possibly lower price.

An "as-is" sale typically occurs when the seller has not lived in the house, and thus cannot be expected to warrant its condition. Common examples: a property is sold by heirs, or by a third-party relocation company. In these cases buyers need to rely on their own powers of discovery, as well as a good professional home inspection. The inspection contingency allows the buyer to make objection to defects, and to cancel the purchase agreement or renegotiate, if the seller is willing.

"As-is" purchase agreements are no different than seller-warranted agreements in this respect. After the inspection contingency is removed (often repairs are agreed upon, or the contract renegotiated) the property is sold in "as-is" condition, meaning the buyer has no recourse after closing. In my experience, the seller usually ends up paying for the privilege of an "as-is" sale.

So my advice to you, Old Fashioned, is to go forth bravely into a seller-warranted sale and take your chances, just like the rest of us. The odds are good, by the way, if you answer the seller's disclosure honestly and thoroughly: in nearly a thousand transactions, I'm aware of only four instances when buyers sought compensation after the sale. Truth is, most people still live by "as-was" values.

Raising the Dickens Over Replacement Windows

Dear Pat,
We plan to add on to our bungalow in the future, but we need to get the house in better shape first. Our concern for now is the windows: they rattle in the wind and leak cold air all winter. Most of the sash cords are missing, so we keep them raised with sticks in the summer. You mentioned in a past column that window replacement doesn't get a high return when selling, but we'd like to get your perspective on our situation, especially since we plan to stay here.
 --Counting the Kids' Fingers

Dear Counting,
First things first! Close your windows. Go to the hardware store, buy the little metal thingies (called window controls or sash controls) which, when slipped judiciously between sash and frame, will prevent your windows from cleaving the fingers of the innocent. It's true, I have voiced misgivings in the past about the often-unnecessary installation of replacement windows, yet I don't want to be known as the Madame Defarge of real estate!

Now, on to the long-term problem: your least-expensive option is to reglaze and refinish the windows, install new sash cords and weatherstrip. Along with decent-quality storm windows, this rehabilitation may well leave you nearly as comfortable as new thermopanes could. Big bonus: by preserving the original windows you are actually enhancing your real estate value. Today, buyers reward the restorer's efforts more than ever before, as housing and furniture tastes look back to sturdy Craftsman and Mission styles.

It's hard to keep smiling when I walk into a lovely old bungalow, rich with natural wood, and see its simple coherence marred by new white vinyl windows. But new windows have their advantages; and if you can afford them, the better grades of new windows offer architectural integrity and beauty as well as functionality. True divided lights (very expensive) or simulated divided lights (look similar, less expensive) can very nearly duplicate the windows you are replacing-but in all cases, you must use wood, not vinyl. Wood can be stained and varnished inside, so it conforms to the rest of your millwork as it acquires the patina of age. Outside, you can paint it to create an accent of color, and change it over the years-just like we've always been able to do-but without the job of reglazing since there is no putty to deteriorate.

So, if you're willing to dig deep, Counting, a quality new window can keep you warm and your children whole-but if you're willing to spend the time learning how to recondition your present windows, you can accomplish most of the same things, at a fraction of the expense. I'm sure you'll do the right thing. Good luck!