"As-is" is one of the most misunderstood phrases in real estate. Sellers sometimes think it means they can skip disclosure. Buyers sometimes think it means no inspection is worth doing. Neither is true, and in Indiana, one of those misunderstandings has actually been tested in court.

The disclosure requirement doesn't go away

Under Indiana Code 32-21-5-10, every seller of residential real estate must complete and deliver the state's Residential Real Estate Sales Disclosure Form before an offer is accepted. Listing a home as-is does not create an exception to that requirement.

The Indiana Supreme Court addressed this directly in Johnson v. Wysocki, ruling that even when a buyer purchases as-is or waives an inspection, the seller still has to truthfully complete the disclosure form. The court's reasoning, as summarized by Indiana real estate attorneys, is that the law relieves the buyer of needing to ask specific questions in order to receive honest disclosure, it doesn't relieve the seller of the duty to give it.

What as-is actually changes

•It tells buyers the seller won't be making repairs before closing, on anything found during inspection.

•It does not remove a buyer's right to inspect the property before closing.

•Depending on the agreed upon terms, It does not remove a buyer's right to negotiate price, or walk away, based on what an inspection finds.

•It does not remove a seller's legal obligation to disclose known material defects on the state's disclosure form.

For related buyer and seller questions I've covered separately, see what a septic inspection actually checks, what happens at closing, and what an appraisal gap actually is.

If you're weighing an as-is sale, whether because of the home's condition or your own timeline, let's talk through what it actually means for your specific property and what buyers in this market will expect to see. Call or text (812) 360-3863, or visit LesaMillerRealEstate.com/Links.

Frequently Asked Questions

Do I still have to disclose problems if I sell my house as-is in Indiana?

Yes. Indiana law requires the Residential Real Estate Sales Disclosure Form regardless of as-is status, and the Indiana Supreme Court confirmed this directly in Johnson v. Wysocki.

Can a buyer still get an inspection on an as-is home?

Yes. As-is only means the seller won't be making repairs. Buyers can still inspect the home and possibly negotiate price or walk away based on what they find.