Do you have to give a seller disclosure when selling a house as is?

Published by Michael FrankeDrafted with AI; every statement checked against its source on November 14, 2026

Yes, you may still have to give a seller disclosure when selling as is, because as is usually means the buyer takes the property with defects that may exist, not that disclosure rules disappear. Federal lead paint rules can still apply to most housing built before 1978, and state law controls the rest. Indiana, Ohio, Tennessee, and Georgia handle forms, disclaimers, known defects, and exemptions in different ways.

Key facts

Indiana's state form says an owner must submit it to a prospective buyer before an offer is accepted.
Ohio law says the seller's form must disclose material defects within the seller's actual knowledge.
Tennessee law allows either a disclosure statement or an as is disclaimer statement in covered residential transfers.
Georgia code says a seller's duties under applicable law can include disclosing known adverse material facts about physical condition.

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What as is means

Selling as is is usually about repairs. The Tennessee disclaimer wording describes an as is transfer as one where the owner makes no representations or warranties about condition and the buyer takes the property with all defects that may exist, except as the contract says.

That is different from saying nothing. A purchase contract can limit repair duties, while a disclosure law or known defect rule can still require information about the house.

Selling to a cash buyer is one option for a house with repair issues. It does not, by itself, remove duties that come from federal lead paint rules or from the law of the state where the house sits.

Use as is to describe repair responsibility.
Use a state disclosure form or disclaimer only when the state rule calls for it.
Do not treat the words as is as proof that every estate, foreclosure, fiduciary, or court related transfer is exempt.

State rules in the cited sources

State law controls the normal home disclosure form. The chart below uses the official sources for Indiana, Ohio, Tennessee, and Georgia cited at the end of this page.

State	What the official source says	What that means for an as is seller
Indiana	Indiana's state form says Indiana law generally requires sellers of one to four unit residential property to complete the form about the known physical condition of the property.	An as is seller may still need to complete and sign that form before an offer is accepted.
Ohio	Ohio Revised Code 5302.30 says a covered transferor must complete the state property disclosure form and deliver a signed, dated copy as soon as practicable.	As is wording does not replace the Ohio form when the transfer is covered.
Tennessee	Tennessee law requires a covered owner to furnish either a residential property disclosure statement or a residential property disclaimer statement.	The disclaimer statement is the state rule that uses as is wording. It is not a blanket exemption from every other legal duty.
Georgia	Georgia code says nothing in the broker disclosure law limits a seller's obligation under applicable law to disclose all adverse material facts actually known by the seller about the physical condition of the property.	Georgia sellers should focus on known adverse material facts and fraud rules, rather than assuming as is ends disclosure.

Known defects still matter

Many disclosure systems focus on what the seller actually knows. Indiana's form says the disclosure is correct to the best of the seller's current actual knowledge, and Tennessee's form tells the seller to answer each question to the best of the seller's knowledge.

A defect is more than normal wear in the Indiana form. Indiana's form defines a defect as a condition with a significant adverse effect on value, a condition that significantly impairs health or safety, or a condition that would shorten or adversely affect the expected normal life of the premises if not fixed.

Ohio's disclosure form is designed to cover physical condition matters such as water supply, sewer system, structure, hazardous materials, and material defects within the transferor's actual knowledge. That is why a house sold as is because of foundation problems, mold, fire damage, or code violations can still raise disclosure questions.

A disclosure form is not the same as a warranty

Indiana's state form says the disclosure form is not a warranty and may not be used as a substitute for inspections or warranties. That means giving the form does not mean the seller is promising the house has no problems.

Tennessee's form says the completed disclosure is not a warranty and is not a substitute for professional inspections or warranties. This is why a buyer may still inspect even when the seller answers a disclosure form.

This matters in an as is sale because disclosure and repair promises are separate. Tennessee's form says the sales agreement controls repair obligations and any buyer obligation to accept listed items as is.

Exemptions and disclaimers depend on the state and the transfer

Some laws list transfers that do not have to use the ordinary disclosure form. Ohio lists transfers pursuant to court order, including probate court estate transfers, writ of execution transfers, bankruptcy trustee transfers, eminent domain transfers, and specific performance transfers.

Ohio also lists transfers by a fiduciary in the administration of a decedent's estate, guardianship, conservatorship, or trust. Those words describe Ohio categories, and they do not decide another state's rule.

Tennessee is different because its law allows either a disclosure statement or a disclaimer statement for covered residential property. The Tennessee disclaimer statement says the owner makes no representations or warranties as to condition and sells as is, with all defects that may exist, except as the purchase contract says.

Federal lead paint disclosure can still apply

Federal law is separate from state as is wording. Federal law requires sellers to disclose known lead based paint information before the sale or lease of most housing built before 1978.

The EPA says sellers must give buyers a 10 day period to conduct a paint inspection or risk assessment for lead based paint or lead based paint hazards. An as is clause does not change that federal lead paint rule when the housing is covered.

Before you sign an as is contract

Start with the state where the house is located. The form, delivery time, disclaimer option, and exemptions are different in Indiana, Ohio, Tennessee, and Georgia.

Read the actual form before you answer. Indiana asks for current actual knowledge, Tennessee asks the seller to complete the form and answer to the best of knowledge, and Ohio focuses on material matters and defects within actual knowledge.

If the property changed after you first gave a form, check the state rule. Indiana's form says that at or before settlement, the owner must disclose a material change in physical condition or certify that the condition is substantially the same as when the form was provided.

Frequently asked questions

Can I sell as is and refuse to make repairs?

An as is contract can address repair duties, and Tennessee's form says the sales agreement controls repair obligations and any buyer obligation to accept items as is. That does not mean a required disclosure form, federal lead paint disclosure, or known material fact rule disappears.

Do estate or probate sellers always avoid seller disclosures?

No blanket answer fits every state. Ohio lists some probate court and fiduciary transfers, but those categories depend on the state rule and the actual transfer.

Does a buyer inspection replace my seller disclosure?

No, not where the state form says otherwise. Indiana and Tennessee both say the disclosure is not a substitute for inspections or warranties.

What if I truly do not know whether something is defective?

Follow the wording on the form that applies to your state and sale. Indiana's form is based on current actual knowledge, and Tennessee's form tells the seller to answer each question to the best of the seller's knowledge.

Do I have to disclose lead paint in an as is sale?

Federal lead paint rules can still apply to most housing built before 1978. The EPA says sellers must disclose known lead based paint information before the sale or lease and give buyers a 10 day inspection or risk assessment period.

Is Georgia the same as Indiana, Ohio, Wisconsin, and Tennessee?

Georgia is different in the official sources used here. The Georgia code language focuses on known adverse material facts actually known by the seller under applicable law, and Georgia law also says suppression of a material fact can be fraud when there is an obligation to communicate it.

Sources

Checked against each source on November 14, 2026. This page is general information, not legal or tax advice.

EPA Lead-Based Paint Disclosure Rule (U.S. Environmental Protection Agency)
Seller's Residential Real Estate Sales Disclosure, State Form 46234 (State of Indiana / Indiana Real Estate Commission)
Ohio Rev. Code 5302.30 (Ohio Laws / State of Ohio)
Tennessee Senate Bill 3069 (Tennessee General Assembly)
Tennessee HB 1298 (Tennessee General Assembly)
Official Code of Georgia Annotated, Title 10 (State of Georgia / Code Revision Commission / Office of Legislative Counsel)
Official Code of Georgia Annotated, Title 23 (State of Georgia / Code Revision Commission / Office of Legislative Counsel)