This section contains the nature of the case and procedural background.

P made a written offer to purchase the house for $40,000, using a form real estate purchase agreement. The form included a provision permitting P to have the house inspected and, if not satisfied, to notify D within fourteen days of the date of the agreement. If any unsatisfactory conditions could not be resolved, P could void the agreement or accept the property in its 'as is' condition. The form further provided that, if P did not have the home inspected or did not notify D of any unsatisfactory conditions, he would take the property in its 'as is' condition. Under the heading 'Special Conditions,' P wrote: 'Seller to supply buyer with copy of furnace repair bill from 2004 within 14 days.' P wanted the heat exchanger to the furnace repaired. Four days after he made his written offer, P signed an amendment to that offer, removing his right to inspect the property. The amendment further provided that P recognized that no one was warranting the property in any manner. D signed both the form purchase agreement and the amendment. The repair bill indicated the heat exchanger had not been repaired. P then told D he would close on the house only if either P replaced the furnace or reduced the purchase price in an amount equal to what it would cost to replace the furnace. D was unwilling to do either. P refused to purchase “as is.” P sued D. D subsequently sold the house to another purchaser, who refurbished it and rented it to college students. The court granted D summary judgment, and P appealed.

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