"As-is" in California does not mean "buyer beware, no questions asked" — the seller still has to disclose known problems, and you still get to inspect.
What "as-is" means in the C.A.R. RPA
The standard C.A.R. Residential Purchase Agreement provides that the buyer is purchasing the property in its present physical condition as of the date of acceptance — commonly called "as-is." In plain English, the seller is telling the buyer: I am not agreeing in advance to fix things or to credit you for defects.
That is very different from the myth that "as-is" means the buyer gives up all protection. It does not.
The seller must STILL disclose known material facts
This is the most important point. An "as-is" sale does not waive California's disclosure laws. The seller must still disclose known material facts and defects affecting the value or desirability of the property — through the Transfer Disclosure Statement (TDS), the Seller Property Questionnaire (SPQ), the Natural Hazard Disclosure, and other required forms.
A seller cannot hide a known leak, foundation problem, or permit issue behind the words "as-is." Concealing a known material defect can expose the seller to liability regardless of the as-is clause.
The buyer KEEPS inspection and contingency rights
Under the standard RPA, "as-is" does not eliminate the buyer's investigation contingency. The buyer still has the right to:
- Conduct inspections and investigations during the contingency period.
- Review the seller's disclosures.
- Request repairs or credits based on what inspections reveal (the seller can say no).
- Cancel and recover the deposit if a contingency is not satisfied within the contract's timelines.
So "as-is" sets the default that the seller won't volunteer repairs — it does not lock the buyer out of discovering problems or walking away.
How repairs still get negotiated
In practice, many "as-is" deals still end with repairs or credits. Here is the usual flow:
- Buyer inspects during the contingency period.
- Buyer issues a request for repairs or a credit based on findings.
- Seller may agree, counter, or decline.
- If they can't agree and the buyer's contingency is still active, the buyer can typically cancel and recover the deposit.
The leverage comes from the contingency timeline, not from the word "as-is."
Bottom line for buyers and sellers
Buyers: don't skip inspections because the listing says "as-is." You still have the right to investigate and to cancel if you don't like what you find within your timelines.
Sellers: "as-is" is not a shield against your disclosure duties. Disclose what you know, honestly and in writing. Full disclosure is your best protection.
Important Disclaimer
Brian Cooper is a licensed REALTOR® with eXp Realty, not an attorney or CPA. This page is general information about California real estate practice and is not legal or tax advice. Disclosure laws and the standard C.A.R. forms change, and every transaction is different. Confirm the specifics for your situation with the appropriate licensed professional (real estate attorney, CPA, or your county) and the current California law and C.A.R. forms before you act.
Frequently Asked Questions
Does 'as-is' mean the seller doesn't have to disclose anything?
No. An as-is sale does not waive California's disclosure laws. The seller must still disclose known material facts and defects through the TDS, SPQ, NHD, and other required forms.
Can I still get inspections on an as-is home?
Yes. Under the standard C.A.R. RPA, an as-is sale does not eliminate your investigation contingency. You can inspect during the contingency period and review all disclosures.
Can I still ask for repairs if the home is sold as-is?
Yes, you can request repairs or a credit based on what inspections reveal. The seller can agree, counter, or decline. As-is mainly means the seller isn't pre-committing to repairs.
Can I cancel an as-is purchase and get my deposit back?
Generally yes, if a contingency is not satisfied within the contract's timelines. After you remove contingencies, your ability to cancel and recover the deposit is limited.
What does 'as-is' actually accomplish for the seller?
It sets the default that the seller is not promising repairs or improvements and is selling in present condition. It does not protect a seller who conceals a known material defect.
Is an as-is clause standard in California?
Yes. The standard C.A.R. Residential Purchase Agreement sells property in its present physical condition. Confirm the exact language in your current contract with your agent.
