Do I Have to Tell the Buyer About Problems in My House If I Sell It As Is?

It is called the Seller's Disclosure Notice. It is a form from the Texas Real Estate Commission (TREC) where you answer, item by item, what you know: the roof, the plumbing, the electrical, the foundation, whether water has ever come in, whether there were major repairs, whether there are termites, things like that.

It is not a test. Nobody expects you to know what you do not know. They ask for what you do know.

Yes. As is means you will not make repairs before selling and the buyer takes the house in the condition they see it. It does not mean the condition is a secret.

When you sell as is, the form actually works in your favor. The buyer knows from the start what is there, inspects with that information and makes an offer with open eyes. That prevents the surprise halfway through the negotiation, which is when deals fall apart. More on that in Can I sell my home as is and buy another?

That is the real risk. A problem that was hidden and that the buyer finds later can turn into a claim against you, even after closing. A problem you put in writing is already part of the deal: the buyer knew and bought anyway.

So my advice is always the same: what you know, you say. Calmly, in plain words, without exaggerating.

1. Start with what you remember. Repairs you made, when the roof was replaced, whether there was ever a leak, which company came out. Receipts help a lot.
2. Answer only what you know. If you do not know something, that is the answer. Do not guess or fill gaps to make it look better.
3. If there was a repair, say it with the repair. "There was a leak under the sink, it was fixed in such a year, I have the receipt" reads very differently from a leak with no explanation.
4. Read it with me before you sign it. I explain each question so you understand what it is asking. What you answer is your decision, because it is your house and your knowledge.
5. Hand it over early. The buyer gets it before or with their offer, not at the end.

• Thinking "as is" means "I say nothing." It does not.
• Downplaying. "A little crack" that is really a foundation issue. In North Texas, the foundation is a question every buyer brings. Here is how to tell a cosmetic crack from a foundation one.
• Filling it out in a hurry, without receipts. Then the dates are fuzzy and the answer is confusing.
• Letting someone else fill it out for you. Your agent explains. The answers are yours.

A family wants to sell as is because they do not want to put money into a house they are leaving. A few years ago they had the foundation repaired, and they are embarrassed to mention it because they think it will scare buyers away.

What we do: they put it on the form, with the repair receipt and the warranty if there is one. The buyer sees it from day one. Their inspector checks with that information. And the price conversation happens once, at the beginning, instead of twice. If you want to get even further ahead, some owners do their own inspection before listing. Here is why that avoids the second negotiation.

Does every sale use this form?

Most home sales do. The law has exceptions, for example some inheritance situations. If your case is unusual, ask an attorney before deciding it does not apply to you.

Do I have to fix what I put on the form?

No. Disclosing something does not obligate you to repair it. What gets fixed or not is negotiated separately, and it goes in writing.

What if I find something after I hand it over?

Tell me and we update it. An up-to-date form protects you more than a perfect one that is no longer true.

Can I sell and buy at the same time even if my house has problems?

Yes. The condition of your home goes into the price and timeline plan, together with the purchase of the next one.

Saying what you know does not lower the price on its own. What lowers the price is the surprise. A clear form lets the buyer decide calmly, and that protects you.

Is there something about your house you feel awkward mentioning?

Text or email me your address and what worries you, and I will explain how it would go on the form and how it affects your sale plan. No commitment, nothing to sign.

I am Veronica Yeary, a REALTOR in Dallas-Fort Worth, CRS, ABR, SRS and CIPS, in real estate since 2010. I sell your home and find the next one with a single plan, with me, start to finish.

469-441-8890 · Text or call · veronica@veronicayeary.com · Email