Judge: ‘As Is’ Clause Does Not Bar Buyers’ Suit Over Defective Grading

(April 24, 2017, 8:26 AM EDT) -- HONOLULU — A couple who purchased a lot of land that cannot be built upon due to excessive grading that was done without the proper permits and inadequate fill can pursue a claim for breach of contract against the seller, a federal judge in Hawaii ruled April 5, ruling that the plaintiffs’ allegations for the claim were sufficient (Thorin J. Lindstrom, et al. v. Moffett Properties, et al., No. 16-00079, D. Hawaii, 2017 U.S. Dist. LEXIS 52762)....