The Legalities of Selling As-Is in Washington: 5 Tips

Selling a home as-is can feel like a relief when you need to move quickly or avoid costly repairs. But did you know there are still legal requirements to follow? Whether it’s disclosures or understanding your buyer’s rights, selling as-is in Washington comes with its own set of rules, and if you’re not careful, it could lead to unwanted complications.

In this article, we’ll break down the key legalities of selling your home as-is in Washington State, from disclosure requirements to navigating buyer inspections, so you can understand what you need to stay compliant and sell with confidence. Here are five important tips about the legalities of selling your home as-is, plus a bonus tip at the end.

I’m Jeremy Schooler, founder of Kitsap Home Pro, a local real estate service here in Western Washington. My wife and I created HyRES, our Hybrid Real Estate Solution, to combine the expertise of a licensed agent with the creativity of an investor. With HyRES, we help homeowners like you find tailored solutions, whether it’s a traditional sale, a quick cash offer, or something in between. Real estate has never been one-size-fits-all, and we’re here to guide you through the options.

What Does Selling As-Is Actually Mean?

When you list your home as-is, you’re essentially saying, “What you see is what you get.” You won’t be making any repairs or improvements before somebody else takes ownership of the house. That sounds simple, but there’s more to it than that.

You’re still legally obligated to disclose known defects. It’s not as simple as “what you see is what you get.” In fact, it would probably be better to add, “What I know, I’m going to tell you.” I’m going to be honest with you about this property when I sell it to you. That’s the much safer and more appropriate, and even legally required, approach.

Buyers can, and often will, request inspections. It’s very normal for a buyer to request an inspection and use it as part of their negotiations. Expecting it and knowing how to handle it can make a huge difference in the deal. And transparency is key. It’s the way you avoid legal disputes later on. At the end of the day, you should be able to say, “I told you everything I know about the property. You asked, and I was honest.”

While selling as-is can simplify the process for you, it’s important to understand your responsibilities as a seller, especially in Washington State, where disclosure laws are quite strict.

Washington State Disclosure Requirements

Most homeowners are required to complete something called Form 17. This document asks you to disclose any material defects or issues with the property that could impact its value. You should see this thing. I don’t know how long it is, maybe four pages. Small print, little boxes: yes, no, not applicable, or other, and a spot to explain. It goes into great detail about the property and asks all kinds of questions, and it can be a bit overwhelming. When our sellers are filling it out, we usually go and meet with them and talk them through it, just because it can be intimidating. It leaves you going, “I’ve never even thought about that,” or “Yeah, we saw water on the road one time,” and you’re not sure how much you should explain or share, or how you should answer a question.

It’s not quite as challenging as it looks. It just asks the question and gives you the opportunity to share any issues or damages in the property. For example, you’re going to need to disclose things like water damage, structural issues, or problems with the roof. Even if you’re selling as-is, failing to disclose known defects can result in legal consequences, like buyers backing out of the deal or, worse, sellers being pursued for damages even after the sale has closed. If you’re asked to disclose something, you need to actually disclose what you know. You need to be able to say, “I fully answered that with all that I knew.”

Not sure whether a specific issue needs to be disclosed? Here’s a good rule of thumb: when in doubt, disclose it. Be transparent. It protects both you and the buyer. Being transparent and giving all the disclosures easily is a great way to build trust with your potential buyers. Make it easy for them to understand the property. Don’t hold back.

Think about how you’d feel in the buyer’s position, buying a property as-is, if the seller seemed to be hiding information or not giving you the whole story, or something came up in the inspection that you were pretty sure they should have known about and didn’t mention. It would make you feel a little unsure about that sale. As the seller, my encouragement to you is to be forthright. If the buyer knows because you told them, and the inspection simply shows what you’ve already told them, now you’re in a great position. They’ll think, “Okay, cool. These people have been really straight with me. I can trust them. Yes, I’m buying a house as-is, but I know what the project is, because the people I’m buying this house from have been honest with me.” That’s a much better position to be in, and even after the sale, it’s a much better position for you from a legal standpoint.

Are There Any Exemptions?

Not everybody has to fill out Form 17. There are some very certain and specific exemptions that apply. If you’re selling to a family member, selling a newly built home that’s never been occupied, or transferring property through a court order of some sort, you don’t have to fill out Form 17. There’s nothing really to share.

• Transfers between family members. It’s a family transfer.
• Court-ordered sales. Somehow the court is ordering that the house be sold. This might be through a divorce, through an inheritance, things like that. In that case, the house is just getting sold, and it’s not required.
• Brand-new, never-occupied homes. Same thing. If you’ve never occupied the home, how are you supposed to fill out Form 17 and say, “Here are all the things I know about”? There’s nothing there.

Another way to be exempt is if the buyer chooses to waive the disclosure statement. They can give you a waiver, and then you don’t have to do it. This is common in certain off-market or as-is transactions. If you’re dealing with an as-is sale, you really should either use the Form 17 disclosure or ask for a letter specifically from the buyer saying that they waive your responsibility for disclosure.

If you’re unsure whether you qualify for an exemption, it’s always a good idea to consult with a real estate agent or perhaps even a legal advisor. I highly suggest either doing it or getting a clear waiver, one way or the other. Make sure that base has been covered by you.

Buyer Inspection Rights

Even when selling a home as-is, buyers still have the right to inspect the property. They can legally, as part of the contract, say that they want to inspect the property and ask for inspection time. They don’t always, but they can. This can include everything from a general home inspection to very specific evaluations for things like pests or foundation issues.

Buyers do have to request your permission for the inspection, and you can say no, but that might cause them to walk away from the deal. I generally recommend letting inspections happen. It’s also worth considering that inspection periods can be used by potential buyers as a way to get out of a deal or to drag out the process. So knowing how to handle that, and making it clear what the house is, makes things go a little bit smoother. Just be aware of it, and of how to handle it if a buyer starts dragging their feet or abusing the inspection as a negotiating tool.

While you’re not responsible for making repairs, the results of an inspection can influence the buyer’s decision to proceed or to renegotiate the price. That’s why being upfront at the beginning about everything you know is so important. It helps set realistic expectations and helps the process be a little bit smoother. You don’t want them to be surprised during an inspection, because that’s what stirs up trouble and question marks in their minds. As much as possible, you want to remove the opportunity for that question to come up. A good home inspector (they’re not all the same) should be able to uncover most of the details about the property, and you don’t want any surprises coming up from that. So let everybody know: here are the issues, here’s what we know about the property. If there’s a spot where something seems like it might be a problem, point it out. Send the home inspector to go look at it, and get a good feel for what it is.

Here’s a pro tip. If you’re worried about surprises during the inspection, consider getting an inspection yourself before you ever list the property. It can help you price the home more accurately and avoid last-minute hiccups. Anybody can hire an inspector anytime they want. It’s not something that’s only for home sales. You can hire an inspector today to come look at your house. They’re not all that expensive for what they give you, which is a really good, full report on every detail of the house. They’re going to crawl into the corners of the house you’ve probably never been to, the crawl spaces and dark corners none of us like to go climbing into. That’s their job: to go into those spots, put eyes on them, and find out whether there are any issues or let you know there are none. A pre-listing inspection is simply the same thing the buyer might ask for, only you get it before selling the house. It informs you, you can make that report available to potential buyers, and it gives you the information you need to make decisions about how to price the home.

Common Pitfalls to Avoid

Here are some of the mistakes sellers make when navigating the legalities of an as-is sale:

• Failing to disclose known defects.
• Overpromising in your listing description. If you have a crumbling foundation or something else going on and you tell buyers it’s all good, they come looking for a house that’s all good, and then they get there and find a house that’s not. Don’t do that. It makes things difficult for everybody, and it can put you in a legal bind later on.
• Ignoring buyers’ right to inspect. Don’t ignore that. Let people inspect the house. It’s okay for a potential buyer to want to inspect the home. In fact, I would encourage you to encourage your buyers to inspect it.

Avoiding these mistakes can save you from legal headaches and help you build trust with buyers. Remember, honesty and clarity are your best tools for a successful as-is home sale.

So there you have it: five important tips for the legalities of selling your home as-is in Washington State. By understanding your responsibilities and being transparent, you can protect yourself while giving buyers the confidence they need to move forward.

Bonus Tip: If in Doubt, Talk to a Professional

That’s it. Talk to a professional. Don’t just assume. Get answers. A good professional will not only be able to answer your questions, but also ask you the right questions to help you start thinking all the way through the deal. There are things you may not have even thought of that a good professional is already ahead of. A good professional should be worth whatever they charge and help you get a better price. Yes, they may have their fees, but if you use their services, their service level should justify those fees.

By the way, I don’t charge for consultations. I always encourage people to schedule a meeting so we can brainstorm. I like doing that with people. I like working with people and digging into these unique situations. I specifically market to people who are in some sort of struggling situation, so that I can sit down and talk through their situation, brainstorm, and figure out something unique. That’s why we’ve created this business the way we’ve created it. We’ve got all the options. We can list the house as it is. We can list it like any other traditional sale, and we have experience selling homes in that condition. We’re an investor as well, so we might be able to offer a cash offer that makes sense to you, connect you with somebody else, or come up with some other creative investor option that’s the right fit.

What we don’t know is your situation, and that’s the part I love about this work. I love to sit down with you and talk through what your needs are. I’ll often ask you straight out: if you could wave a magic wand, what would things look like in a couple of months, or how would this whole process work out? I want to hear that dream, however big or crazy it is, because at least that gives us a place to point to, and we’ll work in that direction. We may not be able to get to, “I’ve got this house that’s worth $200,000 and it needs $100,000 worth of work. Could you give me a million dollars for it? Do you think somebody will?” Probably not, right? So we’ve got to work through reality a little bit. But we can figure out some ways to get you pointed in that direction, and maybe the next time you’re selling your house for a million dollars, give me a call.

More Guides on Selling a Home As-Is in Western Washington

This article is one piece of our guide to selling as-is. Explore the rest:

• Selling a Home As-Is – Everything You Need to Know — the full overview: what selling as-is means, why homeowners choose it, who buys, and the trade-offs.
• Selling As Is: 5 Tips to Maximize Your Home Sale — simple, low-cost ways to boost curb appeal, declutter, and reach the right buyers.
• Top 7 Tips for Selling a Rundown House — how to sell when the home needs work, by showing its potential.
• 7 Myths About Selling a Home As-Is — the assumptions that hold sellers back.

You can also browse everything we’ve published on our Guides & Resources page.

Ready to Talk Through Your Options?

I like to sit down with you and talk through what your needs are. Let’s figure out a plan that works well for you, tailored specifically for you. I want to hear what you need, and we’ll work from there.