Selling a house as-is in Texas: what you still have to disclose.

What as-is does and does not mean

In an as-is sale the seller agrees not to make repairs, and the buyer agrees to take the house in its current condition. Texas law still applies. Sellers have to disclose known material defects to the buyer, whether or not the problem appears on the standard form.

The seller's disclosure notice

Texas Property Code section 5.008 requires sellers of residential property to give the buyer a written seller's disclosure notice. Legal summaries note that the law does not include an exception for contracts where the buyer waives the notice, and that selling as-is does not remove the obligation.

Who is exempt

The exemptions are narrow. Summaries of the statute list transfers made under a court order or at a foreclosure sale, transfers by a trustee in bankruptcy, transfers by a fiduciary administering a decedent's estate, a guardianship, a conservatorship or a trust, and transfers from one co-owner to another. The list is longer than this and the wording matters, so confirm your situation with a Texas real estate attorney.

Problems to tell a buyer about

• Foundation movement or past foundation repair
• Roof leaks or past roof damage
• Plumbing, electrical or HVAC problems
• Water intrusion, past flooding, or insurance claims for either
• Repairs or additions made without permits
• Anything else you know that a buyer would want to know before agreeing to a price

Not disclosing a known problem can expose a seller to legal claims after the sale. When in doubt, disclose and let the buyer decide.

Selling to a cash buyer

A cash buyer still buys as-is, and disclosure still matters. Ask any buyer, including us, how the disclosure notice will be handled in your contract. Our offers are simple: we buy as-is, you do not repair or clean, and you pick the closing date. Start on our sell fast page.