Selling a house as-is might seem like a way to avoid all the headaches—no repairs, no touch-ups, no big renovation budget. But here’s the thing many sellers don’t realize:
🛑 You still have to disclose what you know about the property.
California has some of the strictest real estate disclosure laws in the country, and even if you’re selling as-is, skipping this step can land you in legal hot water.
In this article, we’ll break down exactly what you’re required to disclose when selling a house as-is in California, what forms you need, and how to protect yourself during the process. If you want to get more helpful information about selling as is, make sure you check out our 2025 Guide to Selling As-Is in California.
🧾 What Does “As-Is” Really Mean?
When you sell a house as-is, you’re telling the buyer: “This is the condition of the home, and I’m not making any repairs or updates.” However, this does not mean you’re allowed to hide known problems.
Think of “as-is” as a statement about repairs, not transparency.
Real-World Example:
Sam in San Bernardino had a 1950s fixer-upper he wanted to sell fast. He didn’t want to sink $40,000 into repairs, so he listed it as-is. But when he failed to mention an old termite issue in the disclosure form, the buyer backed out two days before closing. Sam had to re-list the house and eventually sold for $15,000 less.
✅ What You’re Required to Disclose in California
In California, sellers are legally obligated to disclose any material facts that could affect the value or desirability of the home. That includes known:
- Structural problems
- Plumbing or electrical issues
- Roof leaks
- Mold or water damage
- Termite or pest infestations
- Lead-based paint (for homes built before 1978)
- Flood zones or fire risk areas
- Environmental hazards (asbestos, radon, etc.)
💡 Even if you’re selling to a cash buyer or investor, these rules still apply.
Pro Tip:
If you’re unsure whether something counts as “material,” disclose it anyway. It’s always better to over-disclose than under-disclose.
📄 Required Disclosure Forms in California
Here are the main forms you’ll need to fill out when selling as-is:
- Transfer Disclosure Statement (TDS): This is the big one. It’s a comprehensive form that covers the home’s systems, features, and any known issues.
- Natural Hazard Disclosure (NHD): Required if the home is in a designated hazard area (flood zone, wildfire area, earthquake zone, etc.)
- Lead-Based Paint Disclosure: Mandatory if the home was built before 1978.
- Megan’s Law Disclosure: Notifies the buyer about access to information regarding registered sex offenders.
- Statewide Buyer and Seller Advisory (SBSA): Not technically required, but strongly recommended—it clarifies many important issues that can arise in a transaction.
🛡️ How to Protect Yourself When Selling As-Is
- Be Honest and Thorough: If you know something is wrong with the home, say so—don’t assume the buyer will “figure it out.”
- Don’t Guess: If you don’t know the answer to a question on a disclosure form, write “Unknown” rather than guessing.
- Document Everything: Keep records of repairs, past inspections, or anything else that could support your claims.
- Work With a Professional: Even if you’re not listing with an agent, consult with a real estate attorney or professional who knows California laws.
Pretend Example:
Let’s say you had a leak in the roof that you repaired a few years ago, but there’s still a water stain on the ceiling. Even though it’s “fixed,” disclose it. You can simply write: “Roof leak repaired in 2021, minor ceiling stain remains.” This shows transparency and builds trust.
⚖️ What Happens If You Don’t Disclose?
California law gives buyers the right to sue sellers for failure to disclose material defects.
Consequences can include:
- Cancellation of the sale
- Return of the buyer’s deposit
- Lawsuits for repair costs, damages, or even punitive damages
📊 According to the California Department of Real Estate, disclosure-related disputes are among the top three causes of real estate lawsuits in the state.
🙋 Frequently Asked Questions
Do I have to disclose defects even if the buyer waives inspections?
Yes. The duty to disclose is independent of whether the buyer investigates.
Can I use “as-is” to avoid liability?
No. You are still responsible for known issues that materially affect the home.
What if I inherited the property and don’t know its condition?
You can only disclose what you reasonably know. Say so clearly in the TDS.
Do I need to hire a home inspector first?
It’s not required, but if you’re unsure about issues, getting a pre-sale inspection can be helpful.
✅ Final Thoughts: Disclose, Disclose, Disclose
Selling a house as-is doesn’t mean hiding problems—it means you’re not fixing them. California law requires transparency, even in off-market, cash deals.
The good news? Being upfront protects you legally and actually makes your home more attractive to serious buyers who know what they’re walking into.
If you want a hassle-free way to sell your house as-is—disclosures and all—we’d love to help. At Mrs. Property Solutions, we buy homes in any condition, and we guide you through the paperwork too.
📞 Call or text us at (602) 376-8391 or fill out this form:
Want more related articles? Check out these:
- The 2025 Guide to Selling a House As-Is in California
- How to Handle a Property with Title or Legal Issues
- How to Sell a House with Code Violations in Los Angeles