Selling a House As-Is in California: What It Does and Doesn’t Change

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Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team. Based on California Civil Code sections 1102.1, 1102.3 and 1103 as published by the California Legislature; sources are listed at the end.

Selling a California house "as-is" means you will not make repairs, but it does not remove your disclosure duties: under Civil Code 1102.1, delivery of the transfer disclosure statement cannot be waived in an as-is sale. The same section confirms that your existing duty to disclose material facts affecting the property’s value or desirability stays in place.

This guide explains what as-is changes, what it does not, and how to sell a house in California that needs work or has unpermitted improvements.

As-is sale in California: what changes and what doesn’t

What as-is changesYou and the buyer agree you will not repair or credit for repairs; the price reflects the condition
Transfer disclosure statementStill required; delivery cannot be waived in an as-is sale (Civ. Code 1102.1)
Material factsYour duty to disclose facts that affect value or desirability is unchanged (1102.1)
Natural hazard disclosureAny waiver is void as against public policy (1103(d))
Late disclosureThe buyer may cancel within 3 days of in-person delivery or 5 days of mailing or agreed electronic delivery (1102.3)

Does as-is mean I don’t have to disclose problems?

No. As-is describes who pays for repairs, not what you must tell the buyer. A seller who knows about a foundation crack, a leak, a past fire or other material problem still has to disclose it. Section 1102.1 keeps the disclosure obligations in place, so an as-is clause is not a way to avoid them. Hiding a known defect can turn a simple sale into a dispute after closing.

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What about unpermitted work?

Building permit rules are set and enforced by each city and county, so what applies to a garage conversion, added room or finished attic depends on where the home is. This guide does not list local permit fees or penalties, because they differ by jurisdiction.

What does apply statewide is the disclosure side: if you know of an alteration or addition done without a required permit, treat it as a material fact and raise it with your agent or escrow officer, since an as-is sale does not excuse non-disclosure.

For one local example, see our Sacramento building permits guide, and check your own city or county building department for its process on unpermitted work.

How to sell a house in California as-is

  1. List what you know. Write down known defects, repairs and any work done without a permit.
  2. Complete the disclosures. Deliver the transfer disclosure statement and the natural hazard disclosure, and keep proof of delivery.
  3. Deliver early. A disclosure that reaches the buyer after an offer lets the buyer cancel within the section 1102.3 window.
  4. Set the price for condition. Expect buyers to price in repairs they will have to do.
  5. Choose your buyer type. Traditional buyers often need inspections and loan appraisals that can flag repair demands. A direct cash buyer buys the house as it is.

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As-is sale FAQ

Can I skip the disclosure statement in an as-is sale?

No. Section 1102.1 says delivery of the transfer disclosure statement cannot be waived in an as-is sale.

Do I still have to tell the buyer about defects I know about?

Yes. Your existing duty to disclose material facts affecting value or desirability stays in place under section 1102.1.

Can the buyer cancel if disclosures come late?

Yes. Under section 1102.3 the buyer can cancel within three days of in-person delivery or five days of mailing or agreed electronic delivery.

Who sets the rules for unpermitted work?

Your city or county building department. Permit rules and penalties differ by location, so check locally.

Can I sell a house that needs major repairs?

Yes. Many buyers, including cash buyers, purchase homes in poor condition at a price that reflects the work needed.

Sources

This guide is general information, not legal advice. Confirm your disclosure duties with a California real estate attorney or your agent.

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