How to Sell a House As-Is in New York

What Does Selling a House As-Is Mean in New York?

Selling as-is means you're offering the house in the condition it's in today. You aren't promising to renovate, fix defects or hand over a move-in-ready house at closing. Sellers usually choose it when the house needs real work, when they don't want to manage contractors, or when getting the house sold matters more than squeezing out the top price.

What as-is doesn't do: it doesn't erase your disclosure duties, it doesn't stop a buyer from inspecting or asking questions, and it doesn't mean every buyer will accept the same condition or terms.

In practice, an as-is sale is whatever your contract says it is. Read the condition and repair language carefully before you sign.

Can You Legally Sell a House As-Is in New York?

Yes. New York's Property Condition Disclosure Act says outright that it doesn't stop buyers and sellers from agreeing to a sale "as is." The as-is agreement is legal, but it sits alongside your other obligations: disclosure, title and anything else in the contract.

Your attorney's job is to make sure the contract language matches what you've actually agreed about the condition. Estate sales, co-owners and unusual property types can change what applies, so mention them early.

New York Property Condition Disclosure Requirements

For most one-to-four-family houses, New York Real Property Law §462 requires the seller to fill out and sign the Property Condition Disclosure Statement and deliver it to the buyer before the buyer signs a binding contract. Selling as-is doesn't change that.

Which properties are covered?

The law covers one-to-four-family houses used as a residence. Condos and co-ops are excluded, and RPL §463 lists other exempt transfers. Being exempt from this form doesn't exempt you from everything else, such as federal lead-paint rules or whatever your contract requires.

You answer the form based on what you actually know. The law doesn't require you to hire an inspector or search public records to fill it out. But don't leave out something you do know about: a knowingly false answer can expose you to a claim from the buyer.

The Department of State released a revised form effective July 1, 2025. Download the current one from the DOS website rather than reusing a copy from an old sale.

Older homes and lead paint

For most houses built before 1978, federal rules also apply. You have to disclose any lead paint or lead hazards you know about, hand over any reports you have, give the buyer the EPA lead pamphlet, and generally give them 10 days to test for lead before they're bound by the contract, unless they waive it in writing.

The $500 credit option is gone

Before March 20, 2024, many sellers gave the buyer a $500 credit instead of filling out the form. That option no longer exists, though some online guides still describe it.

See the Department of State's March 2024 notice ↗ and the statutory exemptions ↗. A sale by an executor during estate administration can be exempt, while a later sale by an heir who already holds title usually isn't. Your attorney can confirm which applies.

Do You Have to Make Repairs Before Selling As-Is?

No. Skipping repairs is the main reason people sell as-is. You can sell a house with an outdated kitchen, worn floors, an old roof or years of deferred maintenance.

Condition still affects the deal. Buyers price in the cost, hassle and risk of the work, and some problems make it harder for a buyer to get a mortgage or insurance.

So the real question isn't "Do I have to fix it?" It's "Would fixing a few specific things leave me with more money after the cost and the delay?" Our guide to selling a house that needs repairs runs those numbers, and what not to fix before selling covers the updates that rarely pay off.

Should You Get an Inspection Before Selling As-Is?

You don't have to; the disclosure law doesn't require one. But a pre-listing inspection can be worth the cost.

It tells you what the buyer's inspector is going to find, helps you price realistically and cuts down on surprises in the middle of the deal. The downsides are the expense and the fact that once you know about a problem, you have to disclose it.

Either way, the buyer can usually still get their own inspection. As-is doesn't mean the buyer has waived it. If their inspection comes back with a repair list, see our guide to handling buyer repair requests in an as-is sale.

How Do You Figure Out What an As-Is House Is Worth?

There's no standard discount that tells you what an as-is house is worth. It depends on the house and the market around it.

Start with recent sales of similar houses nearby, then adjust for condition, likely repair costs, buyer demand and any title or occupancy issues. A local agent or appraiser can help with this.

When offers come in, compare the whole deal, not just the price. A higher offer with a mortgage contingency, a repair list and a long closing isn't necessarily better than a lower one with fewer conditions.

Use local comparables in similar condition

Compare houses of the same type, legal use, size, location and condition. A renovated sale three neighborhoods over tells you little about an older house in Queens Village or Cambria Heights. Ask whoever suggests a price which sold houses they're basing it on.

With two-family houses, the layout doesn't prove the legal use. A house set up as two units may be legally a one-family. In NYC, the Certificate of Occupancy shows the legal use, and some older buildings don't have one and don't need it if nothing has been changed. Check the records before you price or advertise the house as a two-family. In Nassau, check with your town or village.

NYC Certificate of Occupancy guidance ↗

Three Common Ways to Sell a House As-Is

1. List it with a real estate agent

Listing as-is puts the house in front of the most buyers and can bring the highest price, especially in a good location with manageable problems. Expect showings, buyer financing, inspections, negotiation and a longer timeline.

2. Sell it yourself

Selling on your own saves the listing commission, but you take on the pricing, marketing, showings, buyer screening and coordination. You'll still need an attorney for the contract and closing.

3. Sell directly to a cash buyer

A direct cash buyer takes the house as it is, usually with less preparation and no mortgage to wait on. The trade-off is price: they're pricing in the repairs, their risk and their profit, so the offer will be lower than what a renovated house would sell for. Our cash-sale guide explains how to vet the buyer and the offer.

A Step-by-Step Process for Selling As-Is

Every sale is different, but this is the usual order:

• Look at the house and your priorities. Condition, monthly carrying costs, your timeline, your repair budget, who's living there, and any title issues.
• Compare your options. Get a listing opinion from an agent, and one or two direct offers if a quick sale appeals to you.
• Prepare the disclosures. Use the current forms and have your attorney check whether an exemption applies.
• Compare complete offers. Price, proof of funds, deposit, contingencies, inspection terms, costs, leftover contents and closing date.
• Get the contract reviewed. Make sure the written agreement reflects everything you've agreed on, including the condition.
• Clear title and close. Deal with liens, estate paperwork, ownership questions and anything else the title search turns up.

The highest offer isn't always the one that leaves you the most. Repairs, credits, fees, months of carrying costs and the chance the deal falls apart all change the math.

Selling As-Is vs. Making Repairs First

Neither is automatically better. It depends on the house and on what you care about most.

An owner whose house needs only cosmetic work, and who has the time and cash to do it, may come out ahead by repairing. An owner facing structural work, an inherited house full of belongings or high monthly carrying costs often won't.

Example: what's left after costs

Here's the math with made-up numbers. They aren't market estimates or fee quotes, so replace them with your own.

Here, a sale price $55,000 higher leaves only $4,000 more after costs. If the repairs run $10,000 over budget, the repair route ends up $6,000 behind.

That's not an argument for accepting less. It's why you should get written estimates and compare real numbers. Our guide to selling a house that needs repairs goes deeper into this decision.

What Costs Can You Skip by Selling As-Is?

Selling as-is can let you skip renovations, cosmetic updates, staging, repeated contractor visits, landscaping and sometimes the cleanout.

Be skeptical of "no fees, no closing costs" promises. Who pays what depends on the contract, and the fair comparison is what you'd keep under each option.

The simple formula is the sale price minus repairs, selling costs, credits, carrying costs and your mortgage payoff. If a buyer says they'll cover closing costs, ask exactly which ones and make sure it's written into the contract. For a line-by-line breakdown, see our guide to seller closing costs in New York.

Can You Leave Furniture, Junk or Belongings Behind?

Sometimes, if the buyer agrees and the contract says so. Never assume it.

This comes up constantly with inherited houses, long-vacant homes and rentals where decades of belongings have piled up. If the buyer agrees to take the house with the contents inside, get it in the written contract, not a verbal promise. Selling an estate property? See our guide to selling an inherited house in New York.

How Long Does It Take to Sell a House As-Is?

There's no standard timeline. A cash buyer removes the mortgage approval step, which is often the slowest part, but title problems, liens, estate paperwork, open permits, occupants, attorney review and negotiation can all slow things down.

Treat any advertised "close in X days" as a goal, not a promise, until the house and the paperwork have actually been reviewed.

When Does Selling As-Is Make Sense?

As-is is worth a serious look when convenience, speed or avoiding renovation matter more to you than the top possible price. Common situations include:

• An inherited house that needs updating or a cleanout
• A house with years of deferred maintenance
• A vacant house that keeps costing you money every month
• A rental you no longer want to manage
• An owner who lives outside New York
• Repairs you don't want to pay for or supervise
• A homeowner who wants to compare a direct offer with a traditional sale

None of these automatically means a cash sale is best. They're reasons to compare your options.

When Selling As-Is Isn't Your Best Option

If the house is already in good shape, needs only inexpensive fixes, and you have time to market it, a traditional sale will usually net you more. The same goes when a little targeted work would make a big difference to buyers.

A direct cash sale trades some upside for convenience, certainty and less preparation. Whether that trade is worth it depends on your situation, and it's fine to test the open market first if you're not under time pressure.

Questions to Ask Before Accepting a Cash Offer

Before saying yes to a direct cash offer, get clear answers to these:

• Who exactly is buying the house?
• Is the offer subject to an inspection or anyone else's approval?
• When, if ever, can the price change?
• Are there any buyer, service or assignment fees?
• Who pays which closing costs?
• Can they show proof of funds?
• What happens to furniture and leftover belongings?
• How is the closing date set?
• What contingencies are in the contract?
• Are you committed to anything before a contract is signed?

Also ask whether they can assign the contract to another buyer, whether the price can drop after inspection, and what happens if they can't close. "Cash" doesn't mean unconditional. Our guide to whether a cash buyer can back out covers that last question in detail.

CashForHousez is a direct buyer. Compare our written offer with your alternatives rather than assuming a direct sale is always best.

Common Mistakes to Avoid When Selling As-Is

• Assuming "as-is" gets you out of disclosure
• Relying on outdated disclosure information, like the old $500 credit
• Pricing the house without accounting for its real condition and local sales
• Spending heavily on renovations without estimating the return
• Comparing offers on price alone instead of price, contingencies, timing and costs
• Assuming every cash buyer uses the same contract or process
• Leaving belongings behind without a written agreement that allows it

Before you accept an offer: a short checklist

• Gather the deed, mortgage, tax, occupancy and repair records
• Confirm who has authority to sell, including estate or co-owner signatures
• Go over the disclosures and the house's condition with your attorney
• Compare complete written offers and proof of funds
• Estimate what you'd keep under each option
• Put repairs, leftover contents, contingencies and move-out terms in writing
• Confirm what has to happen before the closing date