(Skipping disclosures doesn’t protect you—it exposes you to serious legal trouble later)
You’ve probably seen listings that say “sold as-is, no representations or warranties.” That’s common with bank-owned, government, or investor properties—because those sellers have never lived in the home. They don’t know what’s wrong with it, and in many cases, they’re exempt from disclosure laws.
But here’s the key point:
If you’re a private homeowner—you’re not exempt.
Almost every state in the U.S. requires sellers to complete a formal disclosure statement (often called a “Real Property Disclosure Form”). That form is your legal obligation to tell the buyer what you know about the home’s condition and history.
Some agents may casually say, “Just fill it out the best you can.” That’s not good enough.
Misrepresenting or hiding issues can lead to:
- Fraud claims
- Lawsuits
- Canceled contracts
- Or worse—legal liability after the sale closes
Even if you’re selling the home “as-is,” that doesn’t mean you can skip the disclosure process. Saying “as-is” just means you’re not agreeing to make repairs. But you still have to be transparent about what you know.
House Karma Tip:
When you fill out the disclosure form, be thorough and be honest—even if what you’re disclosing doesn’t sound great. It’s far better to say,
“There was a roof leak in 2021, but here’s the receipt for the repair,”
than to pretend it never happened and end up dealing with an angry buyer and a lawsuit six months later.
And if you know of a real issue?
Fix it before listing, if you can. Disclosing a past issue is one thing—disclosing a repaired issue, backed by receipts, gives buyers confidence and protects you from future headaches.
