Understanding “As Is” Condition in California Real Estate Contracts

What Does “As Is” Really Mean?

One of the most common questions I get from both sellers and buyers is: What does “as is” condition really mean in a California real estate transaction?

According to the Residential Purchase Agreement (RPA), Section 7B, unless otherwise agreed, the property must be delivered in its present physical condition as of the date of acceptance.

The Key Term: Date of Acceptance

The date of acceptance is when both buyer and seller sign the purchase contract and enter escrow. Why does this matter? Because acceptance usually reflects the property’s best condition—clean, staged, and well-maintained for showings and MLS photos.

From that point until closing, the seller is obligated to maintain the property, including:

• Pool or spa

• Landscaping and grounds

• General upkeep

What “As Is” Does Not Mean

Many sellers misinterpret “as is” to mean they can leave the house dirty, neglected, or full of junk. That’s not correct. The property should be delivered in the same condition as at acceptance, with all debris and personal property removed.

Buyers expect the home to look reasonably similar to how it did when they made the offer—not trashed after moving day.

Buyer’s Rights If the Home Isn’t Ready

If a property isn’t delivered in acceptable condition, the RPA gives buyers options:

1. Provide the seller with three days written notice to remove leftover items or debris.

2. If the seller doesn’t comply, the buyer may:

   • Pay for removal or disposal themselves and bill the seller.

   • Pursue legal action if the seller refuses to reimburse.

Examples of disputes I’ve seen include:

• Sellers leaving overflowing trash bins or piles of debris in the yard.

• Above-ground jacuzzis or large furniture left behind despite being excluded in the contract.

• Lawns and landscaping left completely neglected after weeks of no upkeep.

The Bottom Line for Sellers

If you’re selling your home, don’t assume “as is” means hands-off. Make sure:

• The home is clean and free of debris at move-out.

• Trash bins are emptied.

• Any excluded items (like old spas or furniture) are removed.

• Landscaping and pool are reasonably maintained until closing.

Doing this avoids conflicts, delays, or even legal issues at closing.

Final Thoughts

“As is” condition doesn’t let you skip out on responsibility—it simply means the property is sold in the same condition it was when the buyer agreed to purchase it. Maintain it, clear it out, and leave it in a condition that reflects what was promised.

If you have questions about “as is” sales in California, feel free to reach out.