Contracts, agents and the MLS

As-is

Also called sold as-is, as-is sale, as-is condition

Definition

A sale where the seller won’t make repairs or give credits for the home’s condition, and the buyer takes the property as it stands. It usually doesn’t excuse the seller from disclosure laws, and buyers can still inspect.

As-is sets expectations: the price reflects the home’s current condition, and the seller isn’t promising to fix anything. It usually doesn’t cancel the seller’s legal duty to disclose known problems, and it doesn’t stop you from inspecting.

What does as-is mean in a home sale?

The seller is offering the home in its present condition. They won’t make repairs, and they usually won’t negotiate credits for problems found later. You’ll see it on estate sales, homes that need work, investor sales, bank-owned homes after a foreclosure and sales where the seller can’t take on repairs.

As-is terms are written into the purchase agreement or an addendum, so the exact effect depends on the contract language and your state’s law.

Does a seller still have to disclose problems?

Usually, yes. Disclosure rules come from state law and vary, but as-is wording generally doesn’t let a seller hide known defects or misrepresent the home. If your state requires a seller disclosure, an as-is sale still needs one.

The federal lead-based paint disclosure applies to most homes built before 1978 however they’re sold. The seller must share known lead information and any reports, and give the buyer a chance to test unless the buyer waives it in writing.

Can you inspect an as-is home?

Yes, and you should. A home inspection tells you what you’re taking on. Many buyers make their offer subject to an inspection contingency so they can walk away if the report shows too much. The seller may not fix anything, but you keep the right to decide.

Get repair estimates for big items like the roof, foundation, heating and cooling, and plumbing before your contingency ends. Also check with your lender: some loan programs have minimum property standards that a home in poor condition may not meet.

Should a seller sell as-is?

It can make sense when repairs would cost more than they’d add, when you need speed or when you can’t manage a renovation. Expect the price to reflect the condition, and expect buyers to inspect and possibly renegotiate or walk away.

A pre-listing inspection can help you price realistically and avoid surprises. For your state’s disclosure rules, ask a real estate attorney or your state real estate commission.

Common mistakes

  • Thinking as-is lets a seller hide known defects.
  • Skipping the inspection because the seller won’t make repairs anyway.
  • Assuming as-is means the price can’t be renegotiated. Buyers can still ask; sellers can still say no.
  • Forgetting that the lender’s appraisal and property standards still apply.

Questions

Can I negotiate on an as-is house?

Yes. As-is tells you the seller won’t do repairs, but you can still offer a lower price or ask for other terms. The seller can decline.

Can I back out of an as-is purchase after the inspection?

If your contract includes an inspection contingency and you act before its deadline, usually yes. Without one, backing out can cost you your earnest money.

Is as-is the same as no disclosures?

No. State disclosure laws and the federal lead paint rule for homes built before 1978 can still apply to an as-is sale.

Sources

  1. EPA: Real estate disclosures about lead-based paint
  2. Texas Real Estate Commission: Seller’s Disclosure Notice
  3. NAR: Code of Ethics and Standards of Practice

Written and checked by the Broker & Agent team on October 2, 2026. General information, not legal, tax or lending advice. Something out of date? Tell us.

Related terms

The whole glossary
Seller disclosureA form in which a home seller reports what they know about the property’s condition and history, such as leaks, repairs and defects. What must be disclosed depends on state law, plus a federal rule for lead paint in homes built before 1978.Full guide Home inspectionA home inspection is a professional, mostly visual examination of a home’s structure and systems, such as the roof, foundation, plumbing, electrical and heating, usually paid for by the buyer during the inspection contingency period.In the glossary Inspection contingencyAn inspection contingency lets a buyer have the home professionally inspected within a set period, then ask for repairs or a credit, or cancel and get their earnest money back if the findings are unacceptable.In the glossary Pre-listing inspectionA pre-listing inspection is a home inspection a seller orders before listing, so problems can be fixed, priced in or disclosed up front instead of surfacing in the buyer’s inspection and reopening the price.In the glossary Seller concessionsSeller concessions are costs a seller agrees to pay for the buyer, most often a credit toward the buyer’s closing costs, prepaid items or repairs. They lower what the seller nets without changing the contract price.Full guide

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