In California, selling a house "as-is" means the buyer takes the property in its current condition and you are not obligated to repair anything. It does not waive your legal duty to disclose known material facts. Most residential sellers of one-to-four units still owe a Transfer Disclosure Statement, a Natural Hazard Disclosure, lead-based paint disclosure on pre-1978 homes, and disclosure of any death on the property within the past three years.
Sellers hear "as-is" and understandably assume it means "not my problem anymore." It means less than that, and misunderstanding the difference is one of the few ways a completed cash sale can come back at you months later.
What "as-is" actually means
An as-is sale means the buyer accepts the property in its present physical condition and the seller has no obligation to repair defects or offer credits for them. That is a genuine and useful protection — it is why you can sell a house with a failing roof without fixing the roof.
What it does not do is relieve you of the duty to disclose what you know. California law is unusually clear on this point, and the courts have been consistent: a seller who knows about a material defect and conceals it can be liable regardless of any as-is language in the contract. As-is governs who fixes things. Disclosure governs who knows about them.
What most residential sellers still owe
The Transfer Disclosure Statement (TDS)
Required under California Civil Code §1102 for most transfers of residential property of one to four units. It is a standardised form covering the systems and features of the house and any known problems. Some transfers are exempt — certain probate and trust transfers, transfers by court order, and trustee's sales among them — but the exemption is narrower than people assume, and even where the TDS itself is not required, the underlying duty to disclose known material facts generally survives.
Natural Hazard Disclosure (NHD)
Whether the property sits in a special flood hazard area, a dam inundation area, a very high fire hazard severity zone, a wildland fire area, an earthquake fault zone or a seismic hazard zone. In San Diego County the fire zone designation is the one that comes up constantly, particularly in the East County and the back country. This is usually produced by a third-party report company.
Lead-based paint (federal)
For any home built before 1978: disclose known lead-based paint and hazards, hand over any records you have, and provide the EPA pamphlet. This one is federal and applies regardless of what else does.
Deaths on the property
California Civil Code §1710.2 requires disclosure of a death that occurred on the property within the preceding three years. Outside that window there is generally no duty to volunteer it, though a direct question from a buyer must be answered honestly.
Everything else you actually know
The slab leak that was patched rather than repaired. The addition built without a permit. The neighbour dispute over the fence line. The mould behind the bathroom wall that you painted over. The intermittent sewer backup. If it is material to the value or desirability of the property and you know about it, disclose it.
Why this protects you, not just the buyer
Sellers resist disclosure because it feels like handing the buyer ammunition. In practice the reverse is true. A disclosed defect is a defect the buyer accepted with their eyes open, and it is very difficult to build a claim on something you were told about in writing before closing. An undisclosed defect is an open question for years afterward, and California's statute of limitations gives a buyer a meaningful window to bring one.
The most expensive outcome in a residential sale is almost never a low price. It is a lawsuit eighteen months later from a buyer who found something you knew about.
Does any of this change when you sell to a cash buyer?
Less than you would think. A professional cash buyer will often waive the TDS where the law permits and will not ask you for repairs or credits — that is the point of the model. But your duty to disclose known material facts does not evaporate because the buyer is an investor, and a buyer who tells you it does is not a buyer you want.
The practical difference is that disclosure to a cash buyer is genuinely low-stakes. We are buying a house we expect to renovate. Telling us the sewer line is collapsed does not blow up the deal; it moves the number by the cost of a sewer line, which we would have found anyway. What creates a problem is a seller who stays quiet, we find it in escrow, and now we are renegotiating and everyone's trust is gone.
A short practical checklist
- Write down everything you know about the house, including things you think are too small to matter.
- Gather any permits, inspection reports, insurance claims and contractor invoices you still have — especially for work done after damage.
- Disclose repairs you made yourself and whether they were permitted.
- Do not guess. "I don't know" is an acceptable and honest answer on a disclosure form; a confident wrong answer is not.
- If your situation is unusual — a trust, a probate, a property with a history — spend an hour with a real estate attorney. It is cheap relative to what it prevents.
This is general information about California disclosure practice, not legal advice, and it is not a substitute for talking to a lawyer about your specific property.
Published May 6, 2026 · Updated August 4, 2026. General information about San Diego County real estate, not legal, tax or financial advice.