Real estate disclosure obligations can vary from location and depending on whether property is in a trust or commercial property. Please consult with attorney or real estate professional.
Eric & Stacy Stauffer - Sotheby's International Realty - Pacific Grove we strive to sell houses as-is and for the highest possible price and with the least inconvenience to the seller. In fact the California Association Of Realtors Residential Purchase agreement states that the sale is as-is. However, seller or buyer may be bound to make changes or repairs as outlined in the offer to satisfy local and state requirements or other otherwise agreed to in agreement. These can include things like: water and sewer retrofit, smoke and carbon monoxide detectors etc. Really, it is about what the parties, (buyer and seller) agree to in their purchase agreement.
The as-is clause does not remove seller of liability to disclose. Under California law the seller is obligated to disclose all known material facts that effect the value or desirability of the property. Material fact meaning anything that would mean anything to the buyer. Realtors can help you with your disclosure obligations as a seller or due diligence inspection as a buyer.
The as-is clause does not remove the buyers right to inspect the property, unless buyers make their offer with no inspection contingencies.
Purchase agreements should be written so each party is aware of what their responsibilities are, who is to pay and whether they are to be completed during or after close of escrow. Realtors or an attorney can draft purchase agreements reflecting the negotiated desires of the buyer and seller.
So how do you sell your house as-is? Find a Realtor capable of negotiating with your interests in mind and capable of drafting an agreement with your interests. Work with your Realtor to price your home to be competitively priced but still allow for highest and best offers. List your home with a Realtor that will present your home in its best light using high quality professional photography, websites and presentation to the real estate community. Provide prospective buyers a thorough disclosure package with appropriate inspections and reports. Work with a Realtor and company that will provide a custom marketing plan and written value report for your property. Properly done, you can just list your home and show up at closing to sign over the deed and collect your check. Call us, we'll make sure its properly done!