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How to sell a house as-is: what you still have to disclose, by state

What “as-is” changes and what it does not, the federal lead-paint rule, disclosure rules in nine states, and how an as-is cash sale compares with listing.

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Key takeaways

As-is is about repairs. It means you won’t fix things. It does not let you hide problems you know about.

Cash buyers don’t change the forms. No state we cover exempts cash buyers from the forms, though some let the buyer waive them.

Disclose what you know. You generally don’t have to go looking for problems, but answer truthfully.

What “as-is” means

An as-is clause usually means you won’t make repairs and the buyer takes the home in its current condition. It generally does not let a seller conceal a known problem or skip a disclosure the law requires.

As a general legal term, selling something as is disclaims implied warranties but not express ones.1

California says outright that the Transfer Disclosure Statement may not be waived in an as-is sale.2

Nevada says a seller of residential property may not require a purchaser to waive the disclosure requirements.3

Selling for cash does not change this

We found no statute in the nine states we cover that exempts a cash or investor buyer from the seller’s disclosure duties.

The federal lead-paint rule

If your home was built before 1978, a federal disclosure applies to most sales, cash or financed, as-is or not.

Before the buyer signs, the seller must give the EPA pamphlet, disclose any known lead-based paint and hazards, provide available records and reports, and offer a 10-day period for a paint inspection or risk assessment. The buyer may waive that inspection, but not the disclosure. Sellers keep a signed copy for three years.4

Each contract for a pre-1978 home must include an attachment with a Lead Warning Statement.5

Foreclosure sales are exempt; an as-is cash sale is not on the list of exemptions.6

Disclosure rules in nine states

This is general information about what each state’s law says, not legal advice. Ask a local real estate attorney about your sale.

StateState formAs-is or cash saleEstate and trust sales
TexasSeller’s Disclosure Notice, with flood questionsNo cash-buyer exemption; a late notice lets the buyer terminate within 7 daysFiduciaries administering an estate or trust are exempt
CaliforniaTransfer Disclosure Statement and Natural Hazard DisclosureThe TDS cannot be waived, even as-isMost fiduciary sales are exempt from the TDS, with an exception for some revocable-trust trustees
NevadaSeller’s Real Property Disclosure, at least 10 days before conveyanceThe seller cannot require a waiverThe statute lists no estate or trust exemption
New YorkProperty Condition Disclosure Statement, before the buyer signsThe $500 credit opt-out ended in 2024Fiduciaries administering an estate or trust are exempt
WisconsinReal Estate Condition ReportThe buyer may waive the report in writing (unverified on the official site)Fiduciaries who never lived in the home appear to be exempt (official text not verified)
FloridaNo general form, but a flood disclosure is requiredCourts recognize a duty to disclose known hidden defects that affect value; how it applies to as-is contracts is a question for an attorneyNo estate exemption noted for the flood form
GeorgiaNo state formBuyer beware, but courts have allowed claims for concealing a known serious defectNo form to exempt
MissouriNo general state form found; known meth production must be disclosed in writingHiding a known defect can still lead to a fraud claimNo form to exempt
MassachusettsNo general state form found; a state lead-paint notification for pre-1978 homes could not be verifiedNot verified; ask a local attorneyNot verified

Texas requires the Seller’s Disclosure Notice for a single-dwelling residential property, and a buyer who gets it late may terminate the contract for any reason within seven days.7

In New York, a seller of a one-to-four family home must deliver the Property Condition Disclosure Statement before the buyer signs a binding contract.8

Florida requires a flood disclosure from residential sellers at or before the contract.9

Missouri requires a seller who knows a home was used to produce methamphetamine to disclose it in writing.10

Several of these points (Wisconsin, Massachusetts, Nevada, California, and the Florida and Georgia court decisions) come from court decisions or statutes we could not open on the official site, so treat the table as a starting point for a conversation with a local attorney.

Selling an inherited home as-is

Texas, California and New York exempt many estate and trust sales from the state form, and Wisconsin appears to (official text not verified). Nevada’s statute lists no such exemption. The federal lead-paint disclosure has no estate exemption at all.

Read our guide to selling an inherited house

What you don’t know

Disclosure laws are about what you know. Texas’s notice is completed to the best of the seller’s belief and knowledge, and marking a question unknown is allowed.7

Nevada does not require a seller to disclose a defect the seller is not aware of.3

Answer direct questions truthfully

Even in a state with no disclosure form, a false answer to a buyer’s direct question can create liability in several of the states we cover.

Cash sale vs. listing as-is

Your disclosure duties are the same either way. What changes is the price and the time.

Our Florida example: $415,000 median, $40,000 of repairs (October 2026)
LineCash saleList as-isRenovate and list
Gross price$250,500$375,000$415,000
Repairs$0$0$40,000
Commission (5.29%)$0$19,838$21,954
Doc stamps ($0.70 per $100)$1,754$2,625$2,905
Carrying costs$532$2,128$3,192
Approximate net$248,215$350,410$346,950
Time to cashAbout 1 monthAbout 4 monthsAbout 6 months

Figures are to the nearest dollar; our other pages round the same nets to the nearest $100. Where the seller pays the owner’s title policy, each column loses about $1,300 to $2,150. In this example, listing as-is nets about $102,000 more than a cash sale at the 70% rule, but takes about four months instead of one. Renovating first nets slightly less than listing as-is and takes longer. The cash price uses an investor rule of thumb, not a real offer, and your numbers will differ.

How much do cash home buyers pay?

See what as-is buyers would offer.

Compare verified cash buyers, then check them against listing.

Common questions

Generally yes. As-is usually means no repairs, not no disclosure. California and Nevada say their forms cannot be waived, and in the states without a form we cover, hiding a known defect can still lead to a fraud or misrepresentation claim.

Sources

  1. Legal Information Institute, Cornell Law School — As is (Wex) (Accessed October 26, 2026)return
  2. California Legislative Information — Civil Code 1102.1: transfer disclosure in as-is sales (Read via the california.public.law mirror, October 25, 2026)return
  3. Nevada Legislature — NRS chapter 113: sales of real property, seller disclosures (Read via nevada.public.law (text as of May 2025), October 26, 2026)return
  4. U.S. Environmental Protection Agency — Real estate disclosures about potential lead hazards (Accessed October 26, 2026)return
  5. Legal Information Institute, Cornell Law School — 40 CFR 745.113: certification and acknowledgment of disclosure (Accessed October 26, 2026)return
  6. Legal Information Institute, Cornell Law School — 40 CFR 745.101: scope and applicability (Accessed October 26, 2026)return
  7. Texas Legislature — Texas Property Code 5.008: seller’s disclosure of property condition (Accessed October 25, 2026)return
  8. New York State Senate — Real Property Law 462: property condition disclosure statement (Accessed October 26, 2026)return
  9. The Florida Senate — Florida Statutes 689.302: flood disclosure in the sale of real property (Accessed October 26, 2026)return
  10. Missouri Revisor of Statutes — RSMo 442.606: disclosure of methamphetamine production (Accessed October 26, 2026)return
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Behind this guide.

Cash-Match Research Team logo

Written by

Cash-Match Research Team

Researched and fact-checked by Cash-Match

How we checked it

Every fact in this guide links to its source, and an independent fact-check re-read those sources before publication. No outside expert reviewed it; it is general information, not legal or financial advice.

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