The real choice for a Bay Area seller is where to sell the house as is: listed with an agent, or directly to a cash buyer. Below are the rules, then what each route costs, including when a listing may leave you more.

What does selling a house as is mean in California?

It means the buyer takes the house in its present condition and you don't agree to fix anything. That is a contract term about repairs, not an exemption from the state's disclosure laws.

The Department of Real Estate's reference book describes the standard California purchase contract this way: unless the parties agree otherwise in writing, the property is sold in its present physical ("as is") condition, subject to the buyer's right to inspect and investigate. The same passage says the seller discloses all material facts and defects, including known insurance claims.

So the standard contract already sells the house as is, and houses sold as is come with the same paperwork as any other sale. Putting "as is" in the listing tells buyers you won't negotiate repairs. You still hand the house over in the condition it was in when you accepted, which the buyer can confirm at a final walk-through.

What disclosures do you still owe when selling your home as is?

The two main forms are the Transfer Disclosure Statement (TDS) and the Natural Hazard Disclosure Statement (NHD). A few smaller disclosures come with them, and some Bay Area cities add their own.

Transfer Disclosure Statement: Civil Code 1102 applies it to sales of single-family residential property, which the DRE describes as one to four dwelling units. It covers what you know: the condition of the structure and systems, work done without permits, flooding or settling, and citations or lawsuits affecting the property.
Natural Hazard Disclosure Statement: The form in Civil Code 1103.2 says whether the property is in a FEMA flood zone, a dam inundation area, a fire hazard severity zone, a wildland fire area, an earthquake fault zone or a seismic hazard zone. It can rest on a third-party provider's report.
Lead-based paint: For most homes built before 1978, federal rules require you to share what you know about lead paint and any reports, give the buyer the EPA pamphlet and offer 10 days to test.
Earthquake weak points: For a light-frame house of one to four units built before 1960, Government Code 8897.1 requires the Homeowner's Guide to Earthquake Safety and a disclosure of known weak points, such as missing anchor bolts or unbraced cripple walls.
Smoke alarm and water heater: The home needs an operable smoke alarm and a water heater that is braced, anchored or strapped, and the seller confirms both in writing. The DRE notes the seller typically pays for these small jobs.
City rules: San Francisco requires the owner or agent to give the buyer a 3R report, the city's record of the building's authorized use and permits. Where EBMUD's private sewer lateral program applies, a sewer compliance certificate is required to close escrow, or a time extension certificate allows 180 more days.

One thing you don't have to raise: under Civil Code 1710.2, a death on the property more than three years before the buyer's offer is not a material fact. You still can't lie about it if a buyer asks directly.

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What does "as is" waive, and what doesn't it?

As is waives your promise to repair. It doesn't waive the duty to disclose, and it won't cover a defect you hid.

It limits repair demands. After inspection the buyer can ask for repairs or a credit, and you can say no.
It doesn't waive the TDS or the NHD. Civil Code 1102 and Civil Code 1103 each say any waiver of their requirements is void as against public policy. Civil Code 1102.1 adds that the Legislature meant the TDS to be required in as-is sales too, citing the 1993 case Loughrin v. Superior Court.
It doesn't cover concealment. Civil Code 1710 counts as deceit "the suppression of a fact, by one who is bound to disclose it." An as-is clause won't protect a seller who painted over a leak they knew about.
A missed form costs money, not the sale. Under Civil Code 1102.13, the sale isn't voided for that alone, but a seller who willfully or negligently fails to comply is liable for the buyer's actual damages.

Honest mistakes get some protection. Under Civil Code 1102.4, you aren't liable for an error outside your personal knowledge if it came from a public agency or a licensed expert and you used ordinary care. So pass along an inspector's or pest operator's report as written rather than summarizing it from memory.

Can buyers still inspect and back out of an as-is sale?

Yes. As is doesn't take away the buyer's right to inspect, and on a listing the standard contract gives the buyer time to inspect and cancel.

The DRE describes the typical timeline: in general, the buyer has 17 days to inspect and investigate, including whether the property can be insured. Then the buyer removes the contingency or asks for repairs. If you decline, the buyer goes ahead or cancels.

Late disclosures open another exit. Under Civil Code 1102.3, if the TDS arrives after the offer is signed, the buyer has three days after delivery in person, or five days after delivery by mail or electronically, to terminate.

Lenders weigh in too. Fannie Mae's Selling Guide rates condition from C1 to C6, and C6 means defects that affect safety, soundness or structural integrity. A loan on a C6 house isn't eligible for sale to Fannie Mae until repairs bring it to at least C5, so the appraisal is made "subject to" those repairs. Other loan programs set their own standards. A failing foundation or serious fire damage can take financed buyers out of the running even when the price reflects the condition.

Do executors and trustees fill out the TDS?

Often not. Court-ordered sales and sales by an executor, trustee or conservator are exempt from the TDS and NHD forms, but not from the duty to disclose.

Civil Code 1102.2 exempts court-ordered sales, including probate court sales, and sales by a fiduciary administering a trust, conservatorship or decedent's estate. Civil Code 1103.1 has a matching list for the NHD. Living trusts have a catch: the exemption doesn't apply to an individual trustee of a revocable trust who used to own the house or lived in it within the past year.

Exempt or not, Civil Code 1102.1 says the law didn't change the existing duty to disclose facts that materially affect the property's value and desirability. Ask the estate's attorney which forms your sale needs. We buy during open probate, and our page on selling an inherited house covers what heirs ask first.

As-is listing or as-is cash sale: which fits your house?

Both routes are an as-is home sale, so the disclosures apply to both. What differs is the price, the costs, who can buy and how much renegotiation you face.

Price: A listing reaches the whole market and can bring full market value, especially for a house that needs only cosmetic work. Our FAQ is plain about ours: "We pay fair prices, but not always full market value. For houses needing repairs, we calculate fair prices by subtracting repair costs."
Commission: Clever Real Estate's 2026 survey, updated September 1, puts the average California commission at 5.08% of the price for both agents combined, and it is negotiable. On a $1,100,000 sale, that is $55,880. We cover the standard closing costs and there is no agent commission on our side.
Buyers: A C6 house can lose buyers with loans at the appraisal. A cash buyer has no lender setting repair conditions.
Renegotiation: A listing buyer's inspection can come back as a repair or credit request. With us, you make no repairs, and unpermitted work and open code issues are bought as they are. Our page on selling a fixer-upper lists the conditions we see most.
Insurance: A listing buyer's investigation includes whether the house can be insured. Fire-risk insurance does not affect a cash purchase from us, as our page for San Rafael sellers notes.
Time: A listing runs on the market's schedule plus contingency periods. On our side: "We can make an offer within 24 hours. We can close in as little as 7 days when the title is clear; 30 to 60 days is typical."

If the house is sound apart from dated finishes and you have a few months, an as-is listing may leave you more. We're a better fit when repairs would scare off buyers with loans, when you'd rather not field repair requests, or when you'd rather skip showings. Timur S. wrote in a Google review that they "bought the house from my mom as is" and called it a "fair offer." Our page on selling a house as is in California shows how we price condition. Compare that number with what a listing agent expects you to net.

How to prepare a house for an as-is sale

Preparing an as-is sale is mostly paperwork. Gather it before you talk to any buyer.

Permits: Know which additions, garage conversions or in-law units had permits. In San Francisco, the 3R report shows the city's record.
Old reports: Collect past inspections, pest reports, repair bids and insurance claims.
Pre-listing inspection: It shows you what a buyer's inspector will find. The tradeoff is that anything it turns up becomes something you know and must disclose.
Hazard report: Order the NHD early. A fault zone or fire zone result shapes who will buy.
Price: If the price ignores the repairs, expect the buyer's inspection to reopen it.

Frequently asked questions

Can I sell my house as is in California without making repairs?

Yes. California law generally doesn't make you fix a house before you sell it. You agree to sell in its current condition, and buyers price that in. What you can't skip is disclosure: on most home sales you give the buyer the TDS and the NHD and share what you know about defects. A working smoke alarm, a strapped water heater and any city point-of-sale rules are the small exceptions.

Do I fill out a TDS if I sell to a cash buyer?

Usually, yes. The TDS rules attach to the sale, not to how the buyer pays. Unless an exemption in Civil Code 1102.2 applies, such as a probate court sale or a sale by a trustee or executor administering an estate or trust, you complete the form when you sell to a cash buyer. The same goes for the Natural Hazard Disclosure Statement.

Can a buyer sue me after an as-is sale?

A buyer can sue if you knew about a defect and didn't disclose it. Civil Code 1102.13 makes a seller who willfully or negligently fails to comply liable for the buyer's actual damages, and an as-is clause doesn't excuse concealment. Your best protection is a complete, honest TDS and copies of any reports you have. If a claim is already in front of you, talk to a California real estate attorney.

Do I have to disclose unpermitted work, like an in-law unit?

Yes, if you know about it. The DRE lists additions, structural changes and repairs made without required permits among the facts that affect a home's value and desirability. Disclosing it doesn't stop a sale. On our side, unpermitted work and open code issues are bought as they are. A listing buyer will likely ask about it during inspection and may price it into the offer.

Will a buyer still ask for repairs after an as-is inspection?

They can. The standard contract gives the buyer an inspection period, and afterward the buyer can remove the contingency, ask for repairs or a credit, or cancel. Selling as is means you can turn down the request, but the buyer can then walk away. An offer that already prices in the condition leaves less to renegotiate after the inspection.

Sell as is, on your timeline

If you'd like a cash number to set beside what a listing might net, start with selling a house as is in California and take your time comparing. When you're ready, contact us or call (510) 283-9871. No pressure, and no rush.

This guide is general information, not legal advice. If your sale turns on the details, talk to a California real estate attorney.

Selling a House As Is in California: What You Still Owe the Buyer