“We’ll buy it as is” is the phrase every cash buyer uses, including me. To most sellers, it means no repairs, no cleaning, no fixing the roof before closing. That’s mostly right. But “as is” is also a contract term with specific limits, and sellers who understand those limits avoid unpleasant surprises between signing and settlement.
I’m Evan Weissman. I buy houses across Maryland, and I want sellers to know exactly what they’re agreeing to. I’m not a lawyer, so have an attorney review any contract you’re unsure about. Here’s how I’d read an as-is cash contract if I were the seller.
What as is usually covers
In a typical as-is sale, you agree to sell the house in its current condition, and the buyer agrees to accept it that way. That generally means:
- You don’t make repairs, even ones an inspection might reveal.
- You don’t give repair credits after the fact, unless you choose to negotiate.
- The buyer is responsible for figuring out the condition before they’re committed.
- You may be able to leave belongings, if the contract says so.
What as is doesn’t cover
An as-is clause doesn’t erase every obligation. Three limits matter in Maryland:
Latent defects. Under Real Property section 10-702, sellers of most one to four unit homes give buyers either a disclosure statement or a disclaimer statement. Even on the disclaimer, where you sell as is without representations, you must disclose latent defects you actually know about, meaning material defects a buyer wouldn’t reasonably find with a careful visual inspection that would pose a direct threat to the health or safety of the buyer or an occupant. My article on latent defects Maryland sellers must disclose goes deeper.
Honesty. As is doesn’t protect a seller who lies about or hides a known problem. If a buyer asks a direct question, answer it truthfully.
Federal lead disclosure. For homes built before 1978, federal rules require lead-based paint disclosures regardless of how the sale is structured (EPA real estate disclosure).
The inspection or due diligence period
Many as-is contracts still give the buyer a period to inspect. This surprises some sellers: if the house is sold as is, why does the buyer get to inspect?
The answer is that the inspection period lets the buyer confirm what they’re buying, not demand repairs. Read what the contract says happens during that period:
- Can the buyer cancel for any reason, or only for specific findings?
- Does the deposit come back to the buyer if they cancel?
- How long is the period?
A short, clearly defined period protects you. An open-ended one can tie up your house while the buyer keeps options open.
Watch for re-trading
Re-trading is when a buyer signs at one price, then uses the inspection period to push for a lower price. Some renegotiation is legitimate if the buyer finds something truly unexpected. Repeated or vague price cuts after signing are a warning sign. Ways to protect yourself:
- Give the buyer full access before they make an offer.
- Share what you know up front, including old inspection reports.
- Ask the buyer directly whether their offer is firm after they’ve seen the house.
- Prefer a contract with a short inspection window.
My guide on how to spot a real cash home buyer covers other red flags.
Condition at settlement
As is generally means as is on the contract date. Contracts often require the house to be in substantially the same condition at settlement, apart from normal wear. If a pipe bursts or a storm damages the roof after signing, check what the contract says about casualty loss. Keep insurance in force until closing.
Belongings and cleanliness
Many cash contracts let you leave belongings. Make sure the contract says so specifically, and note anything you want to take, like fixtures or appliances. If the contract says broom clean or vacant, plan accordingly.
Disclosure form choice in an as-is sale
In most as-is sales, sellers use the disclaimer side of Maryland’s form. You can still choose the disclosure side if you prefer to share what you know in detail. Either way, the latent defect rule applies. My article on Maryland’s disclosure versus disclaimer statement explains the choice.
Terms worth reading twice
- Price and deposit amount.
- Who holds the deposit and when it becomes nonrefundable.
- Inspection period length and cancellation rights.
- Settlement date and whether it can move.
- Who pays which closing costs.
- Whether the buyer can assign the contract to someone else. My article on assignment contingencies explains why that matters.
- What happens if the house is damaged before closing.
- What you can leave behind.
As is versus fixing up
As is trades price for simplicity. My article on as-is home sales and what buyers still expect covers how listing buyers treat as-is homes, and my as-is page explains how I approach them. If the house is in 21222 or 21219 and you’re dealing with an as-is sale question, see selling a house fast in Dundalk.
Does as is mean I don’t have to disclose anything?
No. In Maryland, even when you use the disclaimer and sell as is, you must disclose known latent defects that pose a direct threat to health or safety. Federal lead disclosures also apply to pre-1978 homes.
Can a cash buyer back out of an as-is contract?
It depends on the contract. Many give the buyer an inspection period with the right to cancel. Read the cancellation terms and deposit rules carefully.
Can the buyer ask for a lower price after inspection?
They can ask, and you can say no. Giving full access up front and choosing a buyer whose offer is firm after a walkthrough reduces that risk.
Do I need to clean the house in an as-is sale?
Only if the contract requires it. Many cash contracts let you leave belongings and skip cleaning.
Talk through your situation
If you’ve received an as-is offer and want help reading the terms, call or text me at (410) 498-7473. I’ll explain what each part means, even if you don’t sell to me.