What Selling a House 'As Is' Really Means in Connecticut

·10 min read
What Selling a House 'As Is' Really Means in Connecticut

Almost every homeowner who asks me about selling as is has just gotten a number from a contractor. A roof, a heating system, a foundation, sometimes all three. The number is bigger than what they have.

So the question underneath the question is usually the same one.

Can I just sell it the way it sits and not deal with any of this?

Yes. And there's one part of it people get wrong often enough that it's worth going through carefully, because getting it wrong can follow you after the closing.

What "As Is" Actually Means in a Connecticut Sale

"As is" isn't a special category of sale. It's a term of the purchase agreement and what it says is narrow.

You're selling the house in its current condition and you're not agreeing to make repairs.

That's it. That's the whole thing.

It means when the buyer finds a problem, you're not obligated to fix it or to knock money off the price to cover it. In a typical listed sale, the inspection is followed by a repair request and then a negotiation about who pays for what. An as-is contract is meant to close that off.

The buyer still gets to look. As is doesn't mean no inspection, no appraisal and no walkthrough. A buyer paying cash can still hire an inspector. A buyer using a mortgage almost certainly will, because the lender wants to know what it's lending against. Most buyers also do a final walkthrough before closing to confirm the house is in the condition they agreed to. Every one of those steps can and should still happen.

What varies is what the buyer can do about what they find. Some as-is contracts still give the buyer an inspection window where they can walk away. Some don't. That's a contract question, not a general rule and it's exactly the kind of thing to have a Connecticut real estate attorney read before you sign. You need an attorney at a Connecticut closing anyway, so use them for this too.

As Is Does Not Mean You Can Keep Quiet About What You Know

This is the part people get wrong and it's the reason this article exists.

Connecticut has a disclosure law and an as-is clause in the contract doesn't switch it off.

The report is required. Under Connecticut General Statutes section 20-327b, anyone offering residential property of four units or less has to give the buyer a written Residential Property Condition Report. It has to be in their hands before they sign a binder, contract, option or lease with an option to buy. The state's Department of Consumer Protection publishes the form. The statute applies whether or not a licensed broker is involved, so selling it yourself doesn't get you out of it.

Declining to fill it out has a price and it's not a loophole. If you don't furnish the report, section 20-327c requires you to credit the buyer $500 at closing. Some people hear that and treat it as an opt-out fee. It isn't. That same section says a seller who pays the credit is still not excused from disclosing a defect they actually know about. That holds when the defect significantly affects what the house is worth, the health or safety of whoever lives there next or how long the house will last. You can pay the $500 and still be on the hook for what you knew and didn't say.

Some sellers are exempt from the report. The statute lists exemptions and one of them matters a lot around here: transfers made by executors, administrators, trustees or conservators. If you're settling a parent's estate and selling as the executor, the form is generally not required of you. If the house was already deeded over to you personally and you're selling it as the owner, you're back on the hook. Which side of that line you're on depends on how title actually reads and that's a question for your attorney, not for a blog post.

What you're actually being asked. The report asks what you know. Not what an inspector would find. The statute says plainly that you aren't required to go hire experts or run tests before you sell and "unknown" is a real answer when you genuinely don't know. What you can't do is know the basement takes on water every spring and answer "no" or "unknown."

I'm not a lawyer and this isn't legal advice. If any of the above is close to your situation, spend the twenty minutes with a Connecticut real estate attorney. It's cheap compared to the alternative.

What Selling As Is Costs You

Here's the trade-off.

A buyer looking at a house sold as is knows they're taking on everything the house needs and they price for it. They're subtracting three things.

The work itself. Roof, systems, kitchen, baths, whatever the list is.

The months. Somebody carries the cost of the house while that work happens. Taxes, insurance, utilities and interest don't pause for a renovation.

What's behind the walls. This is the one that drives the price more than sellers expect. As is means the buyer owns the surprise, so anyone who's been burned before builds in a cushion (10% - 20%) for the thing nobody can see yet.

There's a fourth thing that shapes who can even make you an offer. If the house has roof, structural or major system problems, a conventional lender may decline to finance it. That shrinks your buyer pool down to people paying cash and a smaller pool means a lower price. That's not a scare tactic. It's how mortgage underwriting works.

So as is buys you speed and it gets you out of the repairs. It costs you real dollars.

A House on High Hill Circle in Madison

We bought a house on High Hill Circle in Madison a while back. That one came to us at a bank auction, not from a homeowner, so nobody was sitting across the table from us on it. I tell it anyway because it's the clearest example I have of what "behind the walls" means.

It had been empty for five years.

From the road it looked like a big house that needed paint and a kitchen. Inside there was significant mold in a 4,500 square foot house and the septic system had failed. The septic had to be re-engineered and replaced, not patched. Between that, the mold remediation, insulation, electrical, plumbing and the finish work, the job ran $134,000 and took nine months.

Nobody standing in that driveway could have priced the septic. Not the bank, not us, not a buyer.

That's what an as-is buyer is protecting against when their number comes in lower than you hoped. Sometimes they're wrong and the house is fine. Sometimes it's a failed septic and nine months.

The Two Ways to Sell a House As Is in Connecticut

Both of these are legitimate. They're not the same product.

List it as is with a good agent. Yes, you can put a house on the market as is. You get full exposure, every buyer in the state sees it and offers can compete against each other. You still pay a commission, you still handle showings and you'll still get inspection reports back that make for uncomfortable reading. Plan on 60 to 90 days from listing to closing, longer if a buyer's lender balks at the condition. If your house can get financed and you have time, this usually nets you more money.

Sell it as is directly to a local buyer. No listing, no showings, no inspections, no repairs, no cleaning, no commissions or fees. You take a lower price than the open market would bring for a finished house and what you get for it is a closing date you can count on, usually 2 to 4 weeks.

Compare the two on what actually lands in your hand at closing, not on the headline price.

And there's a third answer that's often the right one. If the repairs are mostly cosmetic, you have some money to put in and your calendar has room, do the work and list it normally. Paint, flooring, a cleanout and a working furnace sell for more than those things cost.

Selling as is is the right call when the work is structural or expensive or when the timeline is short. It's the wrong call when you're giving up real money to avoid a weekend of painting.

How to Read Your Own Situation

Run yourself through this realistically.

The repairs are cosmetic and you have time and a little money. Do them and list it with an agent. You'll net more. Don't sell as is to avoid a project you can actually finish.

The house needs work you can't fund and a lender wouldn't touch it. Then your real option is selling it as is. Get one contractor number first, so you know what you're trading, then compare a listed as-is sale against a direct sale.

You're on a deadline. Foreclosure, a job that already moved, a tax lien sale, an estate the family wants closed. The closing date is the number that matters. If foreclosure is the pressure, also call the State of Connecticut about foreclosure assistance before you sell anything. There are programs and a court mediation process and they cost you nothing to ask about.

You inherited the house and you're the executor. Ask your attorney whether the condition report is required of you at all. The answer often turns on whether the house is being sold by the estate or by you personally.

You know something is wrong with the house. Say it. Put it on the form. Selling as is protects you from having to fix it. It doesn't protect you from having hidden it.

You owe more than the house is worth. Don't sell to anybody yet. Call your lender and talk to an attorney who handles short sales. We can point you to one.

If You Want to Talk It Through

We're a local Connecticut buyer, based in Higganum. We buy houses in Hartford County, Middlesex County, Guilford and Madison. If we're a good fit, we pay cash, close in 2 to 4 weeks and you do no repairs, no cleaning, no showings and pay no commissions or fees.

If we're not a good fit, we'll help you and we'll introduce you to local trusted realtors to sell your property.

Either way, the conversation costs you nothing and you leave knowing your options.

Get Your Cash Offer. No fees. No commissions. No repairs.


About Ed Mathews and Clark St Homes

Ed is the founder of Clark St Homes, based in Higganum, Connecticut. He and his team have helped hundreds of Connecticut homeowners work through difficult situations: foreclosure, probate, inherited property, divorce, tired landlords and houses that needed more work than a conventional sale could handle. Clark St serves homeowners across Hartford County, Middlesex County, Guilford and Madison. The principle behind the work is simple. If Clark St is the right fit, they buy the house in 2 to 4 weeks for cash with no repairs or fees. If they are not the right fit, they say so and point the homeowner toward the right help.

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