Yes, you can sell your house as-is in Orange County, whether it is in the City of Orange, Santa Ana or anywhere else. As-is means you are not agreeing to make repairs. It does not let you skip disclosures: California law says delivery of the Transfer Disclosure Statement may not be waived in an as-is sale, and under the standard purchase contract the buyer can still inspect and cancel during the contingency period.
You have three routes: list the home as-is on the MLS, sell directly to a cash buyer, iBuyer or investor, or make a short list of fixes and then list. The right choice depends on your net proceeds after every cost, how fast you need to close and how much certainty you want.
This is general information, not legal or tax advice; for your situation, talk with a California real estate attorney or a CPA.
What "as-is" means when you sell a house in California
As-is is a contract term, not a disclosure exemption. The Department of Real Estate's reference book describes the standard purchase agreement this way: unless otherwise agreed in writing, the property is sold in its present physical, as-is condition, subject to the buyer's right to inspect and investigate, and the seller must disclose all material facts and defects, including known insurance claims. Under the form's general timeline, the buyer has 17 days to inspect and investigate, and the seller typically has 7 days to deliver disclosures.
What changes is how you answer repair requests. The buyer can still ask for repairs or a credit after inspections. If you decline, the buyer must either proceed or cancel. Marketing the home as-is sets that expectation from the first showing and draws buyers who have already priced in the work.
What does not change:
- Required disclosures. Civil Code section 1102 says any waiver of the state's transfer disclosure requirements is void, and the Legislature has said the TDS may not be waived in an as-is sale. Your package still includes the TDS, the Natural Hazard Disclosure statement and the other required forms.
- Known problems. If you know about a roof leak or a cracked slab, as-is does not let you stay silent. Our guide to what California sellers must disclose walks through each form.
- Late disclosures. If a required disclosure, or a material amendment to one, reaches the buyer after they make their offer, the buyer can terminate within 3 days after delivery in person or 5 days after delivery by mail or agreed electronic delivery.
Some sales, such as court-ordered probate sales and many sales by a trustee or executor, are exempt from the TDS form under Civil Code section 1102.2, but the law preserves the duty to disclose facts that materially affect value. Our guide to inheriting a home in California covers those sales.
What California still requires in an as-is sale
Even with no repairs promised, a few items are state law:
- Smoke alarms. A single-family home that is sold must have an operable smoke alarm, and the seller must give the buyer a written statement of compliance (Health and Safety Code section 13113.8).
- Carbon monoxide alarms. Homes with a fossil-fuel heater or appliance, a fireplace or an attached garage must have carbon monoxide devices (Health and Safety Code section 17926).
- Water heater strapping. Water heaters must be braced, anchored or strapped against earthquake motion, and the seller must certify this to the buyer in writing (Health and Safety Code section 19211).
- Water-conserving fixtures. The seller must disclose in writing the state requirement for water-conserving plumbing fixtures and whether the home has any noncompliant fixtures (Civil Code sections 1101.4 and 1102.155).
These cost little to fix. Some local governments also require retrofits or reports at the time of sale, and the purchase contract can assign who pays. Before you list, ask your agent and your city's building department whether your city has a point-of-sale requirement.
Route 1: List the house as-is on the MLS
Listing as-is puts the home in front of the whole buyer pool, including owner-occupants who want a project, contractors and investors, and lets them compete. You still pay brokerage compensation, which is negotiable, plus normal seller closing costs, and you carry the home until closing. Some loan programs set minimum property standards, so serious condition problems can rule out some financed buyers and shift the pool toward cash and renovation-loan buyers.
To make it work:
- Price from sales of homes in similar condition, not remodeled ones.
- Order a pre-listing inspection so buyers bid with the facts. Its findings become part of your disclosures.
- Share disclosures and reports before offers are due, and state in the listing that the seller will not make repairs.
Route 2: Sell to a cash buyer, iBuyer or investor
Direct buyers trade price for speed and simplicity. They come in a few forms:
- Local investors and "we buy houses" companies often buy to renovate and resell or rent, so an offer is commonly built from the expected after-repair value minus repairs, holding costs, resale costs and profit.
- iBuyers make an initial offer online, may adjust it after an inspection and generally charge a service fee.
- Wholesalers put a home under contract and then sell or assign that contract to another investor instead of buying it themselves.
The appeal: no showings, fewer contingencies and a closing date that suits you. The cost: a lower price, sometimes lowered again after inspection.
Route 3: Fix a short list, then list
The middle path is to fix what scares buyers off, such as active leaks, broken systems and the required safety items, add paint and a deep clean, and skip remodels. Our guide on how to sell a house in Orange County covers which repairs tend to pay back and which do not.
How to compare a cash offer when selling as-is in Orange County
Compare net proceeds, not headline prices. For each route, write down the price, brokerage compensation, closing costs, any service fee, repair costs or credits, and holding costs (mortgage interest, property taxes, insurance, utilities and HOA dues) for every month until closing. Our Orange County closing costs guide lists the usual seller costs.
A worked example with made-up numbers
These figures are invented to show the method. They are not a valuation, a typical commission or a typical investor discount.
- List as-is: sells for $1,000,000. Brokerage compensation $45,000, closing costs $8,000, two months of holding costs $10,000 and a $15,000 credit after the buyer's inspection. Net: $922,000.
- Fix, then list: $20,000 of repairs and cleanup, sells for $1,040,000. Brokerage compensation $47,000, closing costs $8,000, three months of holding costs $15,000 and a $5,000 credit. Net: $945,000.
- Cash investor: $850,000, closing in three weeks, with the buyer paying escrow and title. Your remaining costs $2,000 and holding costs $3,500. Net: $844,500.
- iBuyer: $930,000 offered, minus a $50,000 service charge and a $30,000 repair deduction after inspection. Closing costs $8,000 and holding costs $3,500. Net: $838,500.
In this example the investor's offer costs $77,500 compared with listing as-is, in exchange for speed and certainty. That trade can make sense with a foreclosure date approaching, two mortgages to carry or an estate that needs to close. It makes less sense when the only goal is to avoid repairs. Run your own numbers on a written net sheet for every offer.
Questions to ask any cash buyer
- Is the price firm, or can it change after inspection, and how long is the inspection period?
- How large is the deposit, and when does it go into escrow?
- Can the buyer show proof of funds from a bank or other financial institution?
- Which costs and fees come out of the price?
- Can the buyer assign the contract to someone else?
- Can you stay in the home for a short time after closing if you need to?
Red flags with "we buy houses" offers
- Pressure to sign today. A legitimate offer can wait a day while you compare it.
- Paperwork outside escrow. Do not sign a deed, a power of attorney or blank documents before an escrow is open and you understand each document.
- A tiny deposit and a long inspection period, followed by a lower price near the end.
- Plans where you deed the house over but your loan stays in your name. Have an attorney review those before you sign.
- Unverified agents. Look up anyone who claims to be a real estate agent or broker on the California Department of Real Estate's license lookup.
If you live in the home, it has one to four units and a notice of default has been recorded, California's home equity sales contract law (Civil Code section 1695 and following) protects you in many sales to investors. The contract must be in writing, in the language used to negotiate it, and you can cancel until midnight of the fifth business day after you sign, or until 8 a.m. on the day of a scheduled foreclosure sale if that comes first. Until then, the buyer may not have you sign a deed, record documents or pay you. A representative working for the buyer must give you written proof of a California real estate license and a bond equal to twice the home's fair market value. The law does not cover a buyer who will live in the home.
How Remark Homes can help
We will run the comparison honestly: a valuation from comparable sales of homes in similar condition, a net sheet for listing as-is, fixing first and any cash offer you already have, and a careful read of each cash contract with you. Learn more about our home selling services, and if your home is in the City of Orange, our Orange area guide covers local details.
Frequently asked questions
Can I sell my house as-is in California without disclosures?
No. California law says delivery of the Transfer Disclosure Statement may not be waived in an as-is sale, and your duty to disclose known material facts still applies.
Do I have to make repairs if I sell as-is?
No, apart from state requirements such as smoke alarms, carbon monoxide alarms and water heater strapping. The buyer can still ask for repairs, and can cancel during the contingency period if you decline.
Is a cash offer better than listing my house?
Only if the speed and certainty are worth the difference in net proceeds. Compare each option on a written net sheet, not on price.
Can a cash buyer back out after signing?
Yes, if the contract gives them an inspection or other contingency that is still open. Ask how long it lasts and how much of their deposit is at risk afterward.
Sources
- California Legislative Information: Civil Code section 1102.1
- California Legislative Information: Civil Code section 1102.3
- California DRE: Reference Book, Basic Contract Provisions and Disclosures in a Residential Real Estate Transaction
- California Legislative Information: Health and Safety Code section 19211
- California Legislative Information: Civil Code section 1695.4
- California DRE: Verify a License
