Have we really considered everything that must be revealed when we sell a home “as is”?
Top 8 Disclosures Required When Selling As Is
Introduction: Why disclosures matter, even when selling “as is”
When we say we’re selling a house “as is,” we’re signaling that we won’t perform repairs or tidy up before the sale. That doesn’t mean we can hide important facts. Sellers still owe buyers honest, legally required disclosures. If we fail to disclose, we risk legal disputes, delayed closings, or having the sale fall apart entirely.
In this guide we’ll walk through the eight disclosures most commonly required when selling “as is,” with practical examples, state-specific considerations for the DMV (Virginia, Maryland, DC, and West Virginia), and sample language we can adapt. Our goal is to keep things simple, clear, and actionable—so we can move forward with confidence and avoid surprises that cost time and money.
What “as is” actually means — legal and practical perspective
“As is” is often shorthand for “we aren’t going to make repairs or negotiate about minor defects.” Legally, however, “as is” does not relieve us of the responsibility to disclose known material defects. A material defect is something that would affect a reasonable buyer’s decision to buy or the price they’d pay.
We must understand that purchasers rely on seller representations and that courts typically expect sellers to be truthful about conditions they know and that are not readily observable.
Quick overview: The Top 8 disclosures
Before we unpack each disclosure, here is a quick list of the eight items we’ll cover in depth:
- Material structural defects (foundation, roof, major systems)
- Water intrusion and mold issues
- Pest and termite damage
- Environmental hazards (asbestos, lead-based paint, radon)
- Plumbing, electrical, and HVAC defects
- Legal encumbrances and title issues (liens, easements, zoning problems)
- Prior insurance claims and damage history
- Occupancy and tenant issues (tenant rights, rent schedules, leases)
Each of these can be a deal-breaker for a buyer if undisclosed. Below we’ll explain why, how to disclose them, and sample phrasing.
1) Material structural defects — what to say and why
We need to disclose known defects in the foundation, framing, roof structure, load-bearing elements, or major renovations that were done without permits. These are classic “material” issues because they directly affect habitability and safety.
Why it matters: Buyers want to know whether the house is sound. A cracked foundation, sagging rooflines, or a compromised load-bearing wall can cost tens of thousands to repair. Omitting such facts exposes us to rescission claims or lawsuits for fraud by concealment.
How to disclose: Be explicit. Describe the defect, when we discovered it, any professional opinions or repair estimates we’ve received, and whether there are temporary fixes in place.
Sample disclosure language (adaptable):
- “Known foundation cracks in the basement, observed in 2022. Structural engineer evaluated the property and recommended monitoring; no stabilization work has been completed by the seller. See attached engineer report dated MM/DD/YYYY.”
We should attach supporting documents—inspection reports, contractor estimates, or photos—when available. That helps buyers evaluate risk and keeps us honest.
2) Water intrusion and mold — full transparency is essential
Water problems are among the most common causes of post-sale disputes. We must disclose known past or present water intrusion, flooding events, chronic leaks, or visible mold.
Why it matters: Water leads to mold, rot, and compromised structural elements. It’s often costly to remediate and can affect health. Buyers will want to know the history and any repairs.
How to disclose: Note the location (attic, basement, crawl space, plumbing lines), date(s) of occurrence, remedial actions taken, and documentation (mold tests, remediation receipts). If we’ve had temporary fixes like dehumidifiers, say so.
Sample disclosure language:
- “Previous water intrusion in the lower level during heavy storms (2019 and 2021). Seller performed localized drywall replacement in 2021; dehumidifier used intermittently. No current visible mold noted, but buyer is advised to conduct their own inspection.”
Tip: We should avoid minimizing language like “minor” or “only cosmetic”—those words can be subjective. Be concrete: indicate locations, dates, and what was done.
3) Pest and termite damage — disclose known infestations or damage
If we have had termite, carpenter ant, rodent, or other pest infestations—or repairs made because of such damage—we must disclose them.
Why it matters: Structural and cosmetic damage from pests can be extensive and recurring. Buyers expect to know treatment history and structural repairs.
How to disclose: State whether there’s an active infestation, past infestations, treatments performed, warranty coverage (if any), and structural repairs completed.
Sample disclosure language:
- “Termite damage identified in crawl space in 2018. Certified treatment completed with one-year warranty (expired 2019). Localized sill plate replacement performed at that time; see pest control invoice dated MM/DD/YYYY.”
A table to summarize documentation can be useful:
| Pest issue | Year detected | Remedy performed | Warranty / Documents |
|---|---|---|---|
| Termites (crawl space) | 2018 | Treatment + sill plate replacement | Invoice and technician report attached |
| Mouse infestation (attic) | 2020 | Traps/clean-up | No warranty |
4) Environmental hazards — lead, asbestos, radon, and more
We must disclose the presence or suspicion of hazardous materials: lead-based paint (for homes built before 1978), asbestos, radon, underground storage tanks, contaminated soil, or other environmental hazards.
Why it matters: These hazards can carry health risks and major remediation costs. Many disclosures are mandatory by federal, state, or local law (for example, lead paint pamphlet requirements).
How to disclose: For lead-based paint, federal law requires a specific disclosure form and provision of an EPA pamphlet for pre-1978 housing. For radon, asbestos, or contaminated soil, describe known tests, dates, and actions taken.
Sample disclosure language:
- “Home constructed in 1972. Lead-based paint presence unknown. Seller provides EPA lead pamphlet and the buyer is advised to perform their own testing. No known asbestos surveys completed; buyer encouraged to test.”
Note the differences by jurisdiction: Maryland, Virginia, DC, and West Virginia may have additional rules. In all cases, we’ll want to attach test results if available and encourage buyer testing.
5) Mechanical systems: plumbing, electrical, and HVAC
We must disclose known defects or malfunctions in plumbing, electrical wiring, water heaters, septic systems, and HVAC units.
Why it matters: System failures can be dangerous (e.g., faulty wiring causing fire risk) or costly (e.g., failing septic systems). Buyers rely on seller knowledge to avoid unexpected major expenses.
How to disclose: Identify systems with issues, dates problems were noted, repairs attempted, and whether replacement or service records exist.
Sample disclosure language:
- “Electric panel is original to the home and has experienced intermittent breaker trips; full inspection recommended. HVAC serviced annually; last major repair (compressor replacement) in 2017.”
6) Legal encumbrances and title issues — liens, easements, and zoning problems
We must disclose any legal matters that affect the property: outstanding liens, unpaid HOA fees, boundary disputes, recorded easements, restrictive covenants, or known zoning violations.
Why it matters: Legal or title defects can prevent a clean transfer of ownership or limit the buyer’s use of the property. Buyers and lenders will investigate title, but failing to proactively disclose known issues looks bad.
How to disclose: State nature of encumbrance, amounts (if known), and documentation. If we’re aware of an unrecorded agreement or boundary dispute, explain it.
Sample disclosure language:
- “Property subject to a recorded utility easement along the rear lot line. There is a municipal lien for unpaid sidewalk assessment in the amount of $2,600 (notice dated MM/DD/YYYY). Seller will provide title work as available.”
A short table to help buyers see the legal picture:
| Issue | Status | Amount / Notes |
|---|---|---|
| Municipal assessment lien | Unpaid | $2,600 (notice attached) |
| Utility easement | Recorded | Affects rear 10 ft of lot |
| Boundary dispute | Informal | Neighbor claims 3 ft of land; no lawsuit filed |
7) Insurance claims and damage history
We should disclose any significant past insurance claims—fire, flood, storm, or other insured losses—and whether repairs were covered by insurance and how they were completed.
Why it matters: Prior claims can affect insurability, premiums, and lender decisions. Buyers need to know if repairs were performed correctly or if there are ongoing issues.
How to disclose: For each event, note the date, insurer, claim number (if applicable), and repairs completed, including contractor names and warranties.
Sample disclosure language:
- “Basement flooded during Hurricane Irene (2011). Insurance claim filed (Claim #XXXX). Seller replaced floor finishes and installed a sump pump. Documentation attached.”
8) Occupancy and tenant matters
If the property is tenant-occupied or has occupants with rights (e.g., tenants with leases, family members living there), we must disclose tenancy terms, rent amounts, security deposits, and any pending eviction or holdover issues.
Why it matters: Tenants’ rights can survive sale and complicate possession for buyers. Buyers and investors scrutinize rent rolls and lease terms.
How to disclose: Provide copies of leases, move-in dates, security deposit amounts, and details on tenant notice requirements, especially for local laws that protect tenants.
Sample disclosure language:
- “Property currently occupied by month-to-month tenant. Rent $1,150/month; security deposit $1,150. Tenant’s lease expires on MM/DD/YYYY and tenant has special local rent-stabilization protections (see attached lease).”
State-specific tenant protections can be substantial—our buyers need the facts early.
State-specific considerations for the DMV region
Because our readership is in Virginia, Maryland, DC, and West Virginia, we’ll highlight region-specific disclosure laws that commonly affect “as is” sales.
Virginia:
- Sellers must provide a Property Disclosure Statement if selling residential property; however, disclosure requirements vary and some parties (like executors) may be exempt. Disclosure of material defects is still legally required.
Maryland:
- Maryland requires specific disclosures, including lead paint for pre-1978 homes, and some counties have additional rules. Buyers often rely heavily on seller statements during contract negotiation.
District of Columbia:
- DC has consumer protections and local ordinances, including stronger tenant protections. Sellers should be especially attentive to tenant rights and lead-based paint rules.
West Virginia:
- West Virginia has disclosure statutes requiring sellers to notify buyers of known material defects. Local practice often separates “as is” sales from traditional listings, but legal obligations remain.
We should consult local counsel or a real estate attorney for edge cases, but disclosing what we know is universally the safe course.
How to make disclosures: documents and timing
Disclosures are usually delivered early—often with the seller’s property disclosure form or before contract acceptance. We should prepare the following items:
- A completed seller property disclosure form (state or broker-provided)
- Copies of inspection reports, repair invoices, and permits
- Environmental test results (radon, lead, asbestos)
- Pest control reports and warranties
- Title exceptions and recorded encumbrances
- Lease agreements, rent rolls, and tenant notices
Timing matters. Offering full transparency early reduces renegotiations, supports a clean closing, and demonstrates good faith. If we’re selling to a cash buyer (like FastCashVA.com), they’ll still want to know major issues—even if they’ll buy “as is.”
Practical checklist for sellers selling “as is”
We recommend following a simple checklist to make sure we cover our bases.
- Identify every known defect or past problem (structural, water, pest, legal)
- Gather documentation (receipts, reports, permits)
- Complete the state or brokerage disclosure form honestly and in detail
- Include dates and professional evaluations where possible
- Attach relevant documents to the disclosure package
- Consult an attorney for complex title or legal issues
- Keep copies of everything we provide to the buyer
This preparation protects us and speeds the sale.
Common misunderstandings and pitfalls
Buyers often think “as is” means “no disclosure.” That is incorrect. Selling “as is” generally limits our obligation to make repairs but does not allow us to conceal material defects or lie. A few pitfalls to avoid:
- Assuming ignorance is a defense: If we knew about a leak and didn’t disclose, ignorance won’t help.
- Failing to update disclosures: If a problem arises after initial disclosure, update the buyer in writing.
- Omitting permits and renovation history: Work done without permits can be a material legal issue. Disclose it.
- Minimizing or under-describing problems: Vague language fuels distrust and legal claims.
Honesty is both legally safer and often the fastest route to closing.
Sample disclosure package contents (what buyers expect)
Buyers and their agents will expect a tidy packet that makes their inspections faster and their decisions clearer. A recommended disclosure packet includes:
- Signed seller disclosure form
- Structural reports or engineer summaries (if any)
- Recent inspection report summaries (if we’ve had them)
- Pest and termite reports and invoices
- Insurance claim history and repair receipts
- Permits and final inspection sign-offs for past renovations
- Lease agreements and tenant notices (if applicable)
- Any warranties transferable to the buyer (HVAC, pest services)
Providing this upfront can speed acceptance and reduce repair requests.
Sample disclosure language for each top item
Below are short, adaptable templates we can use in our disclosure form when describing each category.
- Structural defects:
- “Seller is aware of a crack in the northeast foundation wall identified in 2020. Structural engineer recommended monitoring; estimate to repair provided by ABC Contractors attached.”
- Water intrusion:
- “Seller reports past water intrusion in basement during heavy storms in 2019 and 2021. Localized drywall replacement performed in 2021; dehumidifier currently used.”
- Pest/termite:
- “Termite treatment performed in 2018; invoice and technician’s report attached. No current active infestation noted by seller.”
- Environmental:
- “Home built 1973; seller has not conducted lead paint testing. Buyer must be provided EPA pamphlet and may conduct their own testing.”
- Mechanical systems:
- “Original electrical panel with intermittent breaker issues. Buyer advised to obtain electrical inspection and obtain cost estimates for panel upgrade.”
- Title/encumbrances:
- “Recorded utility easement along rear property line is present. Municipal sidewalk assessment lien of $2,600 is outstanding (documentation attached).”
- Insurance claims:
- “Basement flood claim filed in 2011 during named storm; repairs completed. Insurance claim documentation and repair receipts attached.”
- Tenancy:
- “Month-to-month tenant occupies property paying $1,150/month. Lease provided; buyer aware tenant rights may affect occupancy.”
Using plain, specific language reduces ambiguity.
Handling buyer inspections and repair requests
Even when we sell “as is,” buyers will usually obtain inspections. We should be prepared:
- Expect buyers to request repair credits, price reductions, or walk-away options if inspections reveal surprises.
- Decide in advance whether we’ll negotiate or hold firm. If we refuse to negotiate, we must ensure our disclosures were thorough.
- Consider obtaining our own pre-listing inspection. This can remove surprises and allow us to price appropriately or disclose issues proactively.
If we’re working with a cash buyer who specializes in as-is purchases, negotiations are often quicker, but transparency remains key.
When to consult an attorney or professional
Complex disclosures—title disputes, unpermitted additions, environmental contamination—often merit legal advice. We should consult professionals when:
- There are unresolved boundary disputes or liens.
- Contamination or underground storage tanks are suspected.
- Unpermitted major renovations exist.
- Tenant law issues or eviction processes are involved.
Spending a little on counsel early can prevent much larger costs later.
How disclosures affect price and timing
Full disclosure may lead to lower offers, but that’s generally better than getting sued later. Buyers often adjust offers when they can quantify risk; transparent sellers often close faster because buyers feel they can negotiate fairly rather than being misled.
When we sell “as is,” be realistic about pricing for condition. Presenting an accurate disclosure package can help justify a fair cash price and shorten due diligence.
Example timeline for a straightforward “as is” sale
Below is a sample timeline for a typical cash, as-is sale when we do an upfront disclosure:
- Day 0–3: Prepare disclosure package and gather documents.
- Day 4: Market property / accept cash offer.
- Day 5–10: Buyer conducts inspections and reviews disclosures.
- Day 11–14: Buyer requests credits or walk-away; negotiate (or not).
- Day 15–30: Title work completed; closing scheduled.
- Day 30–45: Closing and transfer.
A transparent disclosure process can compress the buyer’s timeline and lower the chance of surprises.
Frequently asked questions (brief)
Q: Does “as is” mean we don’t have to disclose anything?
A: No. “As is” does not override mandatory disclosures or the duty to reveal known material defects.
Q: What if we don’t know about a problem?
A: We’re only required to disclose defects we know about. However, claiming ignorance when evidence suggests knowledge can be risky.
Q: Can we use a broker form?
A: Yes. Many states have standard disclosure forms provided by brokers or state agencies; use them and attach supporting documents.
Q: Will a full disclosure kill the sale?
A: Sometimes it lowers offers, but it reduces the risk of post-closing disputes and can speed a sale with the right buyer.
Closing thoughts: honesty is the fastest route forward
We sell houses because we want to move on—often under pressure, emotional stress, or tight timelines. It’s tempting to hope a buyer won’t notice, or to think that “as is” will protect us. From both a practical and legal standpoint, transparent disclosures save time, money, and sleepless nights.
When we prepare a meticulous disclosure package—complete, dated, and documented—we protect ourselves and create trust with the buyer. That trust often translates to faster closings, fewer renegotiations, and a cleaner exit.
If we’re in the DMV and want a fast, fair cash option, our team at FastCashVA.com aims to make the process straightforward. We assess issues honestly, provide fair offers for properties in any condition, and help sellers move on with less stress. Selling “as is” doesn’t mean selling in the dark; it means knowing what we have, telling the truth about it, and making a clean, efficient transfer.
If we need a checklist or help drafting our disclosure language, we can prepare a tailored packet that matches state requirements and speeds up our sale. Transparency is not just a legal safeguard—it’s the simplest way for us to finish this chapter and begin the next.
Ready to sell your house fast in Virginia? FastCashVA makes it simple, fast, and hassle-free.
Get your cash offer now or contact us today to learn how we can help you sell your house as-is for cash!
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