Selling As-Is Without Proper Disclosure

Yes, absolutely—selling “as-is” doesn’t exempt you from disclosure laws, and skipping disclosures doesn’t protect you, it exposes you to serious legal trouble later. You’ve probably seen listings saying “sold as-is, no representations or warranties,” which is common with bank-owned, government, or investor properties because those sellers never lived in the home and don’t know its condition. But if you’re a private homeowner, you’re not exempt from disclosure requirements. Almost every state requires sellers to complete formal disclosure statements (often called “Real Property Disclosure Forms”) detailing what you know about the home’s condition and history. Saying “as-is” simply means you’re not agreeing to make repairs, but you still must be transparent about known issues. Misrepresenting or hiding problems can lead to fraud claims, lawsuits, canceled contracts, or legal liability after closing. When filling out disclosure forms, be thorough and honest even if it doesn’t sound great—it’s far better to say “There was a roof leak in 2021, but here’s the repair receipt” than pretend it never happened and face angry buyers and lawsuits later. If you know of real issues, fix them before listing if possible, since disclosing repaired problems with documentation builds buyer confidence and protects you legally.