Selling Your Home As-Is in Los Angeles: What California Law Still Requires You to Disclose

Does selling a house as-is in California mean you don't have to disclose anything?

Selling your home as-is in California does not eliminate your legal obligation to disclose known material defects. Under Civil Code Section 1102, sellers in Los Angeles and throughout the state must still complete a Transfer Disclosure Statement, Seller Property Questionnaire, and Natural Hazard Disclosure regardless of how the property is marketed. An as-is sale limits what repairs you are expected to make, not what information you are required to share.

By Paul Blair | October 26, 2026

Most sellers who call me about listing as-is have the same idea in mind: skip the repairs, skip the credits, skip the headaches. Get the place on the market and let someone else deal with it.

That is a completely reasonable goal. And in California, you can do it. But there is a piece of it that catches sellers off guard more than almost anything else I see at the listing table.

An as-is designation does not change your disclosure obligations one bit.

What "as-is" Actually Means in California

When you market a property as-is, you are telling buyers that you will not make repairs and you will not negotiate credits in response to what an inspection turns up. That is the deal. Whatever the inspector finds, that is what the buyer is buying.

What it does not mean: that you don't have to tell them what you already know.

California is one of the strictest disclosure states in the country. The law starts with Civil Code Section 1102, which requires sellers of residential properties with one to four units to complete a Transfer Disclosure Statement. That requirement is not tied to how you market the home. It applies whether you're selling a fully renovated Bel Air estate or a fire-adjacent property in the Hollywood Hills that hasn't been touched in fifteen years.

The TDS is mandatory. Full stop.

The Disclosures You Still Owe Your Buyer

Even on a pure as-is sale, California law requires you to deliver several things.

The Transfer Disclosure Statement (TDS). This is the main form. You walk through the property and check off what you know: foundation issues, roof condition, water intrusion, electrical problems, neighborhood nuisances, unpermitted work, and more. Sellers sometimes try to leave sections blank thinking the as-is designation covers it. It doesn't. If you know something, it goes on the form.

The Seller Property Questionnaire (SPQ). The SPQ is the companion document to the TDS. It digs deeper into the property's history, including disputes with neighbors, HOA issues, zoning violations, and anything that could affect a buyer's use of the property. The SPQ and TDS go out together under standard CAR forms.

The Natural Hazard Disclosure (NHD). Civil Code 1103 requires sellers to hire a disclosure company to run a report on the property's location relative to flood zones, earthquake fault zones, seismic hazard zones, fire hazard severity zones, and similar state-designated areas. If your property is in a high fire zone in the hills or canyons, that has to be disclosed. If it's in an earthquake fault zone, that has to be disclosed. The NHD is not optional regardless of how you're marketing the sale.

Property-specific disclosures. On top of the three above, LA sellers often face additional required items. The water heater and smoke detector compliance certification. The gas appliance and electrical panel disclosures required under SB 382. AB 38 defensible space requirements for fire-zone properties. If your home was built before 1978, a federal lead paint disclosure is required by law. For properties in flood-prone areas, FEMA zone status is part of the NHD. And Civil Code 1102.19 requires a defensible space inspection for homes in High or Very High Fire Hazard Severity Zones before escrow closes. If your property has had permitted or unpermitted work through LADBS, buyers have a right to know about it.

A Note on Cash Buyers

A lot of sellers ask me whether the disclosure rules change when they're selling to a cash buyer or an investor. They don't.

California's disclosure requirements attach to the transaction, not the financing method. You owe a TDS to a cash investor just as you would to a buyer using a mortgage. The same goes for off-market sales and pocket listings. The buyer's sophistication or their intent to flip the property doesn't affect your statutory duty to disclose.

Unpermitted Work Is the One That Bites People

If there's work on the property that was done without permits, you need to disclose it. This comes up constantly in the hills and canyons, where decks, additions, and accessory structures were built over the years without going through LADBS.

Leaving it off the TDS is not a gray area. If a buyer discovers unpermitted work post-close and you knew about it, they have grounds to come back at you. In a market where buyers are already doing full inspections and pulling permit histories through the city, the exposure is real.

The as-is language protects you from being asked to fix it. It does not protect you from being asked why you didn't mention it.

If you're preparing to sell as-is and want to understand exactly what goes on your disclosures before you list, reach out at greysq.com/contact and we can work through it together.

The Liability Picture

If a buyer discovers a defect that you knew about and didn't disclose, California law gives them several potential remedies. They can rescind the transaction in some cases, seek damages, or pursue a fraudulent concealment claim. That exposure doesn't go away because the listing said as-is.

The practical version of this: even if you believe your buyer accepted the property knowing it had issues, that is a hard case to make if the issues weren't on any disclosure form.

The reason California's disclosure law is this comprehensive is that buyers in a residential transaction don't have equal information. You've lived with the house. You know things they don't. The law requires you to share what you know, and as-is is not an exception to that.

What Smart As-Is Sellers Do Differently

The as-is sellers who close without complications are the ones who over-disclose, not the ones who try to minimize the paperwork. They fill out the TDS completely, get the NHD done early, flag anything they're aware of (even if they're not sure it's a big deal), and price the property to reflect what they're not repairing.

That approach gives buyers clear information upfront, which means fewer surprises in the inspection period, fewer demands, and a much lower chance of the deal unraveling or of someone coming back after close.

If your goal is a clean exit with minimal friction, the path there runs through the disclosure process, not around it.

Frequently Asked Questions

Can a California seller avoid the TDS by selling to an investor or a cash buyer?

No. California's Transfer Disclosure Statement requirement applies to all residential sales of one to four units, regardless of how the buyer is financing the purchase or what they plan to do with the property. Cash buyers and investors have the same right to a completed TDS as any other buyer.

Does an as-is sale mean buyers can't back out after the inspection?

Not necessarily. Buyers in California still have an inspection contingency period unless they've waived it in writing. An as-is designation limits your obligation to make repairs, but it doesn't prevent a buyer from using their inspection contingency to exit if they discover issues they aren't willing to accept. Contingency removal is a separate step under California's CAR forms and must happen explicitly.

Do I have to disclose fire hazard zone status for a hillside property in Los Angeles?

Yes. If your property is located in a Moderate, High, or Very High Fire Hazard Severity Zone, that designation must be disclosed through the Natural Hazard Disclosure report. In High and Very High zones, Civil Code 1102.19 also requires a defensible space inspection before transfer. This applies to most canyon and hillside properties in Los Angeles.

What happens if I forget to disclose something on my TDS?

If a buyer discovers a material defect after close that you were aware of and didn't include on your disclosures, you may face rescission claims or damages in civil court. California has strong buyer protections in residential transactions, and the as-is nature of a sale does not create a blanket waiver of those protections.

How early in the process should I complete the TDS and NHD?

The earlier the better. Most listing agents in LA prepare the disclosure package before the home goes on the market so that buyers can review everything during their inspection period rather than scrambling after an offer comes in. Getting the Natural Hazard Disclosure done early also avoids last-minute delays in escrow.

After twenty-two years of doing this, the sellers who tell me they want to go as-is are usually some of the most practical people I work with. They know their home, they know what they're not going to fix, and they want to price it right and get it closed. That's a completely workable approach in Los Angeles. The key is making sure the disclosure paperwork is done right, because that is where as-is sales go sideways when they do.

About Paul Blair

Paul Blair is the founder and broker of Grey Square, a virtual real estate brokerage representing buyers and sellers across Dallas, Los Angeles and Houston. With 22 years in the business, Paul works the full range of the market, from luxury homes in the Park Cities and Preston Hollow to estates in the Hollywood Hills and across the Westside. Connect with Paul and the Grey Square team at greysq.com. TX TREC #9011505 · CA DRE #01792671.