Court Affirms Judgment for Sellers on 'As Is' Home Sale

NEW YORK, N.Y. - A New York appellate court has affirmed summary judgment granted to home sellers who successfully argued that they sold their home "as is" and that buyers who complained of mold had waived the opportunity for a home inspection. Kagan v. Freedman, No. 2007-10979 (N.Y. Sup. Ct. App. Div., 2nd Dept.).

The New York Supreme Court Appellate Division, 2nd Department, ruled on Oct. 7 for Michelle and Andrew Freedman, saying they made a "prima facie showing of entitlement to summary judgment . . . ."

The Kagans alleged in a lawsuit filed in Nassau County (N.Y.) Supreme …