If you have bought your house and only after purchase discovered it has an "AS IS" clause in it, you may be worried. Of course you should be. Texas is the most Anti Consumer State in America. The new Form 20-12 created by the Texas Real Estate Commission (TREC), makes every home in Texas that uses this form an "AS IS" sale.
An "AS IS" sale means the buyer assumed all responsibility for determining if there was anything wrong with the house. So now that you have bought your house and you are obviously finding something wrong with it, what can you do?
Take heart. Even though Texas is the most anti consumer state in the country, they have not yet destroyed all consumer rights. That may change for the worse, but until then, you have some recourse.
1. There is nearly a 100 percent chance you and your realtor never once discussed the "AS IS" clause that is in the boilerplate of the Earnest Money Contract, Form 20-12. If not, then it will not be part of the bargain and you can overcome it.
2. If there are undisclosed conditions that you have now discovered, or you have found the sellers and realtors made false representations of fact that you relied on, you can also pursue those with the understanding that the Defense will assert the AS IS clause regardless just to try and win without having to go any further. You should get a lawyer and get help at that point.