THERE IS NO "AS IS" WHEN THE SELLER PROVIDED DETAILS IN AN MLS OR A FLYER
Home sellers can't help providing details about a house in an MLS (Multiple Listing Service). These details are information about the house that are a representation about its quality and condition. In these situations, the seller has eliminated whatever "AS IS" defense he or she may have asserted.
The Supreme Court made it clear that what happens in the everyday ordinary residential transaction, "AS IS" will not apply. Prudential v. Jefferson, 896 S.W.2d 156 (Tex. 1995)
?A seller cannot
have it both ways: he cannot assure the buyer of the condition of a thing to
obtain the buyer's agreement to purchase "as is", and then disavow
the assurance which procured the "as is" agreement.?