Yes. Selling a house as-is in California means you won’t make repairs, not that you can stay quiet about problems. Under California Civil Code Section 1102, most sellers still owe the buyer a Transfer Disclosure Statement listing every known material defect, and any contract clause that waives that duty is void.
The short version
- An as-is sale in California covers repairs, not disclosure. Sellers still have to share known problems that affect a home’s value or desirability.
- Most California sellers deliver a Transfer Disclosure Statement, a Natural Hazard Disclosure, a lead-based paint disclosure for homes built before 1978, and a Megan’s Law notice.
- California sales on or after January 1, 2026 add an electrical system inspection notice and a notice of known gas appliance restrictions under SB 382.
- A seller who inherited a house only has to disclose what they know, and writing “unknown” is an honest answer when it’s true.
- A seller who fails to disclose a known defect can be liable for the buyer’s actual damages, and an as-is clause does not protect against hidden problems the seller knew about.
Most people selling a house as-is have a short list of things they would rather not bring up. The roof that leaked two winters ago, the back bedroom somebody added without a permit, the crack in the garage slab that seems a little wider every year, and it’s completely normal to hope the word “as-is” means that list can stay in a drawer.
It doesn’t. As-is is a promise about repairs, and it tells the buyer you won’t fix anything before closing and they’re agreeing to take the house the way it stands. But a buyer can only agree to a house they were told the truth about, and that’s exactly where California law draws the line.
The good news is that the rule is narrower than most sellers fear, because the duty covers what you know, not every problem a house might be hiding.
Do You Have to Disclose Problems When Selling a House As-Is in California?
Yes, a California seller has to disclose known material defects in an as-is sale, and that duty comes from two directions at once.
The first is the statute. California Civil Code Section 1102 requires a Transfer Disclosure Statement on most sales of single-family residential property, and the same article says any waiver of its requirements is void as against public policy. A buyer can’t sign away their right to the form, even when both sides would like to skip it.
The second is older than the form. In Lingsch v. Savage, a 1963 California appeals case, the court held that an as-is clause does not protect a seller who hides defects the buyer had no way to see, and it drew the distinction this way: “An ‘as is’ provision may therefore be effective as to a dilapidated stairway but not as to a missing structural member.” A sagging porch the buyer can walk across is on the buyer. A cracked foundation behind fresh drywall is on the seller, and no contract language changes that.
A material fact, in plain terms, is anything that would change whether a reasonable buyer wants the house or what they’d pay for it.
The Disclosure Forms California Sellers Have to Deliver
Most California home sales carry the same core set of disclosures, and an as-is label doesn’t remove any of them.
| Disclosure | What it covers | When it applies | Source |
| Transfer Disclosure Statement (TDS) | The condition of the home’s systems and features, plus known problems like unpermitted additions, drainage issues, and fill on the property | Most sales of single-family residential property | Civil Code 1102 and 1102.6 |
| Natural Hazard Disclosure (NHD) | Whether the property sits in a FEMA flood zone, a dam inundation area, a fire hazard severity zone, a wildland fire area, an earthquake fault zone, or a seismic hazard zone | Most sales of residential property | Civil Code 1103.2 |
| Lead-based paint disclosure and EPA pamphlet | Any known lead-based paint, existing lead reports, a lead warning statement, and a 10-day window for the buyer to test | Homes built before 1978 | Federal lead disclosure rule (EPA) |
| Megan’s Law notice | A notice pointing the buyer to the state’s registered sex offender database | Every sale contract for a home with one to four units | Civil Code 2079.10a |
| Electrical system and gas appliance notices | Advice to have the electrical system inspected, and any state or local rules the seller knows of that restrict replacing gas appliances | Sales on or after January 1, 2026 | SB 382, Civil Code 1102.6i and 1102.6j |
The Transfer Disclosure Statement is the one people usually mean when they talk about a condition report. It asks about the roof, plumbing, electrical, and appliances, and then asks whether you’re aware of specific issues such as room additions or repairs made without permits, flooding or drainage problems, neighborhood noise, and fill on the property, meaning soil brought in to level or build up the lot, compacted or not.
For homes built before 1978, the federal lead disclosure rule also requires the seller to hand over the EPA pamphlet on lead hazards and any lead reports they have.
Two newer notices started with sales on or after January 1, 2026. Under SB 382, sellers now deliver a statement advising the buyer that an inspection of the electrical system may be a good idea, and they disclose any state or local requirements they know of that restrict replacing gas-powered appliances in the future. The electrical notice doesn’t apply to a building sold within three years of receiving its certificate of occupancy, and neither notice asks the seller to fix anything, which fits an as-is sale just fine.
One form that comes up often but isn’t required by law is the Statewide Buyer and Seller Advisory, a California Association of Realtors document many agents include as a matter of practice.
What Needs to Be Disclosed When Selling a House in California?
Anything you know about that affects the home’s value or desirability needs to be disclosed, and most of it falls into a handful of categories.
- Structural problems, including foundation cracks, settling, or slippage
- Roof leaks, past or present
- Plumbing, electrical, and sewer line problems
- Water damage and mold
- Termites or other pest damage
- Room additions, garage conversions, or repairs done without permits, and any open code violations
- Known environmental hazards such as asbestos or lead-based paint
- Easements, boundary disputes, HOA problems, or lawsuits that affect the property
Past problems count too. A roof leak that was fixed three years ago is still worth listing along with the invoice for the repair, because a stain on the ceiling or a patched section of shingles will raise the question anyway, and the paperwork answers it before it turns into suspicion. Work done without permits is one of the things sellers forget most often, and it’s also one of the easiest for a buyer’s inspector or appraiser to spot. If that’s your situation, this guide to selling with code violations walks through the choices.
Deaths on the property follow their own rule.
Under California Civil Code Section 1710.2, a seller doesn’t have to disclose a death on the property that happened more than three years before the buyer’s offer, and never has to disclose that an occupant was living with HIV or died of AIDS-related complications. A death within the last three years is a different matter, and it’s worth asking a real estate attorney how to handle it.
Inherited the House? You Disclose What You Know
If you inherited a California house and never lived in it, the law only asks you to disclose what you know, and “unknown” is an honest answer when it’s true.
California Civil Code Section 1102.4 says a seller isn’t liable for an error or omission that wasn’t within their personal knowledge, as long as they used ordinary care. For someone handling a parent’s house from another state, that usually means passing along what you’ve seen, what family members have told you, and whatever repair records are sitting in the file cabinet, and then writing “unknown” next to the questions you can’t answer.
Guessing is where people get into trouble. A confident “no” about a roof you’ve never been up on can turn into a misstatement later, and it’s a misstatement you didn’t need to make.
Probate sales work a little differently. Civil Code Section 1102.2 exempts sales ordered by a probate court, and transfers by a fiduciary in the administration of a decedent’s estate, from the Transfer Disclosure Statement. That exemption covers the form, not the honesty, so an executor who knows the sewer line backs up still has to say so. It also doesn’t reach the trustee of a revocable trust who was a former owner or recent occupant of the home. If you’re not sure which process your sale falls under, this post on court approval in probate explains how it works.
When two sisters living out of state sold their late father’s Burbank house through probate, the foundation problems were on the table from the first conversation. Mrs. Property Solutions priced them into the offer upfront, the sale closed in 21 days, and the amount on the check matched the original offer to the dollar. That’s what early disclosure buys you, because a problem everyone already knows about can’t surprise anyone in escrow.
What Happens If a Seller Fails to Disclose?
A California seller who fails to disclose a known problem can be held liable for the buyer’s actual damages, even after the sale has closed.
Civil Code Section 1102.13 says a sale isn’t invalidated just because a disclosure was missed, but any person who willfully or negligently fails to meet a disclosure duty is liable for the actual damages the buyer suffers. In practice that often means the cost of fixing the problem that wasn’t disclosed, and a buyer who can show the seller hid something on purpose may also bring a fraud claim, which is exactly what the buyers in Lingsch v. Savage did.
Timing matters as well. If the Transfer Disclosure Statement reaches the buyer after they’ve already made an offer, Civil Code Section 1102.3 gives them three days after delivery in person, or five days after delivery by mail or electronically, to terminate the deal with a written notice.
The least expensive disclosure is almost always the early one.
How to Fill Out Your Disclosures Without Guessing
The safest California disclosure is complete, specific, and limited to what you know, and a few habits get you there.
- Gather what already exists before you start, including repair invoices, old inspection and pest reports, permits, and insurance claims.
- Describe each problem plainly and with a date. “Roof leak over the back bedroom in 2023, repaired by a licensed roofer, invoice attached” tells a buyer far more than “minor roof issue.”
- Write “unknown” when you don’t know, instead of guessing.
- Keep a copy of everything you signed and delivered, along with the date it went to the buyer.
- Ask a real estate attorney to review the forms if the house has a complicated history.
Selling to a cash buyer or an investor doesn’t change any of this. The exemptions in Civil Code Section 1102.2 cover situations like court-ordered sales and foreclosures, not the type of buyer, and a buyer who says you can skip the paperwork isn’t doing you a favor if something comes up after closing.
A pre-sale inspection isn’t required in California. When you’ve inherited a house and know nothing about it, though, a report from a licensed inspector turns a page full of “unknown” into facts you can share, and it also answers the question of whether you need to make repairs before selling.
Deciding Whether As-Is Is the Right Way to Sell
Disclosure is one piece of selling a house as-is, and the bigger question is whether as-is is the right move at all. If the house is in decent shape and you have a few months, listing it with an agent after a handful of repairs usually brings a higher price, and this comparison of as-is versus fixing it up lays out when each one makes sense.
Selling As-Is With Mrs. Property Solutions
If you’ve read this far, you probably have a house with some history, and a stack of forms asking you to put that history on paper.
Mrs. Property Solutions is a mom-and-pop, female-owned company based in Pasadena that buys houses as-is across Los Angeles County and Southern California, including a house that needs repairs, inherited homes, and properties with problems the owner already knows about. You tell us what you know, we factor it into the offer upfront, and there are no surprises at closing.
Buying homes since 2016 · 150+ homes purchased · 50+ five-star reviews · Local to LA County · No repairs, no commissions · The offer we make is the offer we honor
Call us at (626) 344-9579 or tell us about the house to start a conversation. There’s no obligation to sell, and it costs nothing to ask.
Frequently Asked Questions
If you sell a house as-is, do you have to disclose anything?
Yes. An as-is sale in California only means the seller won’t make repairs. Civil Code Section 1102 still requires most sellers to deliver a Transfer Disclosure Statement listing known defects, and any agreement to waive that requirement is void. Sellers also provide the natural hazard, lead paint, and Megan’s Law disclosures where they apply.
Do I have to disclose problems if I sell to a cash buyer or investor?
Yes. California’s disclosure exemptions cover situations like probate and foreclosure sales, not sales to cash buyers or investors. A seller who knows about a leaking roof, foundation damage, or unpermitted work has the same duty to disclose it whether the buyer pays cash or uses a mortgage.
Do I have to disclose a problem that was already repaired?
Disclosing a past problem that was repaired is the safer choice in California, especially for roof leaks, water damage, and foundation work. List what happened, when it was fixed, and who did the work, then attach the invoice. Buyers who notice signs of the old problem will ask anyway, and records answer the question.
What if I inherited the house and don’t know its condition?
An heir only has to disclose what they know. California Civil Code Section 1102.4 protects sellers from liability for errors outside their personal knowledge when they used ordinary care. Share what you’ve seen and any records you have, and write “unknown” instead of guessing. Probate sales by an executor are exempt from the Transfer Disclosure Statement.
Can a buyer back out after receiving the disclosures?
Yes, if the disclosures arrive after the offer. Under California Civil Code Section 1102.3, a buyer who receives the Transfer Disclosure Statement after making an offer has three days after delivery in person, or five days after delivery by mail or electronically, to terminate the contract with a written notice to the seller.
Do you have to disclose a death in a house in California?
Not if the death happened more than three years before the buyer’s offer. California Civil Code Section 1710.2 says those deaths, and the fact that an occupant had HIV or died of AIDS-related complications, are not material facts. A death within the past three years may need to be disclosed, so ask a real estate attorney.
Do I need a home inspection before selling as-is?
No. California does not require a seller to hire an inspector before selling a house as-is. A pre-sale inspection can still help when you’ve inherited a house or don’t know its history, because the report turns unanswered questions into facts you can disclose, and it shows the buyer nothing was hidden.
Disclaimer: This article explains how seller disclosure generally works in California. It isn’t legal advice, and the right answer can depend on your contract, your county, and your situation. Talk to a California real estate attorney about your specific case.
Helpful Resources
- How to Handle a Property with Title or Legal Issues
- Selling without a realtor
- What Happens If You List a House As-Is on the MLS?
- How Much Does It Cost to Sell a House As-Is in California?