NEW YORK AS-IS SELLER GUIDE
Can You Sell a House As Is in New York? A Queens Seller’s Guide
Quick Answer
Yes. You can sell a house as is in New York by agreeing in the contract that you will not make repairs. “As is” does not cancel your disclosure duties: for most one- to four-family houses you must still deliver the Property Condition Disclosure Statement before the buyer signs, and you cannot hide known defects.
You can sell a house as is in New York, and many Queens owners do. In a New York sale the phrase has a narrow meaning: it describes what the buyer accepts in the contract, not what the law lets you leave out.
This guide is for owners in Queens, and in Brooklyn, Nassau and Suffolk where noted, who do not want to renovate before selling.
As a Licensed Associate Real Estate Broker with more than 15 years in real estate, I work with sellers in English and in Polish. Nothing here replaces your attorney or accountant.
What does “as is” really mean when you sell a house in New York?
“As is” means the buyer agrees to take the house in its current condition, and the seller does not promise repairs, credits or warranties about that condition. It is a contract term negotiated between attorneys. New York’s Property Condition Disclosure Act says plainly that nothing in it prevents the parties from agreeing to sell real property “as is.”
The clause does not excuse you from the Property Condition Disclosure Statement or allow false answers on it. It generally will not protect a seller who actively hides a known problem, such as painting over a fresh water stain before showings.
In practice, an as-is home sale in Queens means the buyer still inspects and reads your disclosure, but knows from the start that the price reflects the condition.
| Topic | What an as-is clause covers | What you still owe the buyer |
|---|---|---|
| Repairs | You are not obligated to make repairs before or after the contract | Nothing, unless you agree to a specific repair in the contract |
| Warranties about condition | No promise that systems work or will keep working | Truthful answers on the disclosure form |
| Known defects | Does not cover them if you conceal them | Disclosure of what you actually know |
| Property Condition Disclosure Statement | Not replaced by the clause | Delivered before the buyer signs a binding contract, unless an exemption applies |
| Lead-based paint (pre-1978 housing) | Not replaced by the clause | Federal lead disclosure and the buyer’s opportunity to test |
| Title, violations and liens | Physical condition only | Whatever the contract and title review require, often cured or escrowed at closing |
What must you still disclose when you sell a house as is in New York?
When you sell a house as is in New York, you still owe the buyer a completed Property Condition Disclosure Statement, known as the PCDS, for most one- to four-family houses. Under Real Property Law Section 462, you must deliver it to the buyer or the buyer’s agent before the buyer signs a binding contract of sale. A copy signed by both sides is attached to the contract.
The $500 credit option is gone
Sellers once skipped the form by giving the buyer a $500 credit at closing. A 2023 amendment removed that option effective March 20, 2024. The Department of State later issued a revised form that it requires beginning July 1, 2025. Use the current Property Condition Disclosure Statement from the NYS Department of State, not an old copy from a previous sale.
You answer from actual knowledge
The PCDS asks what you actually know at the time you sign. You are not required to inspect the house or search public records to fill it out, and “Unkn” (unknown) is an allowed answer. If you learn something after delivering the form that makes an answer materially inaccurate, you must give the buyer a revised statement, up to the transfer of title or the buyer’s occupancy, whichever comes first. Under Section 465, a seller who willfully fails to meet these duties is liable for the buyer’s actual damages, and other legal claims remain available to buyers.
Questions that matter most in an as-is sale
The form asks whether there are certificates of occupancy, whether fuel storage tanks are or ever were on the property, and whether there has been rot, water damage, seepage or standing water. These come up often in older Queens houses.
The 2024 amendment added flood questions: FEMA floodplain and Special Flood Hazard Area status, required flood insurance, past federal flood assistance, existing flood insurance, elevation certificates and past flood claims. Near the water in Queens or on Long Island’s South Shore, answer them with extra care.
Who is exempt from the PCDS
Section 463 exempts, among others, transfers by a fiduciary administering an estate or trust, court-ordered transfers, foreclosures, transfers between co-owners or to a spouse or lineal relatives, sheriff’s sales and new homes never lived in. Co-op and condo apartments are outside the law, because Section 461 excludes them from “residential real property.” An exemption is not permission to misrepresent the property.
Lead-based paint
For housing built before 1978, federal law requires disclosure of known lead-based paint, the EPA pamphlet and a chance for the buyer to test. An as-is clause does not change it. The statute itself is New York Real Property Law Section 462; review your answers with your attorney.
Key Takeaways
- “As is” is a contract term about repairs and warranties, not a waiver of disclosure.
- Most one- to four-family sellers must deliver the Property Condition Disclosure Statement before the buyer signs; the $500 credit option ended March 20, 2024.
- You answer from actual knowledge, you may answer “unknown,” and you must update the form if you learn something new before closing.
- Estate fiduciaries, court-ordered sales and foreclosures are exempt from the form; co-ops and condos are outside the law.
Not sure what to put on your disclosure?
Call or text Agatha at (646) 250-6512. We can walk through the PCDS questions that usually come up for your type of house, so you and your attorney start from an organized file.
Can you sell a house as is with a real estate broker?
Yes. Listing a house as is with a licensed broker is common in Queens, and it puts the house in front of the full market instead of a single buyer. The broker prices the house for its condition, writes a listing that is honest about it, and screens buyers who can actually close on a house that needs work.
Under Section 466, a seller’s agent must promptly inform the seller of the seller’s obligations under the disclosure law. The PCDS answers remain the seller’s own representations, not the agent’s.
In a Queens as-is sale, the questions that usually come up first are about the legal unit count, open permits or violations, oil tanks, basement water, flood zones and whether a lender will accept the condition. A good listing plan answers them before the first showing.
Pricing follows condition. A comparative market analysis, or CMA, is a broker’s opinion of value, not an appraisal; for an as-is house it should use sales of similar houses in similar condition. For the broader steps of a Queens listing, see how to sell your home in Queens.
How do buyers, lenders and appraisers react to an as-is home sale?
Buyers read “as is” as a signal to inspect carefully and price in the work. Lenders and appraisers look at whether the house meets their loan’s property standards. Cash buyers care mostly about the numbers.
Buyers still inspect
In New York City, buyers usually inspect before the contract is signed. The buyer can still ask for a credit, and you can still say no. A pre-listing inspection, which the seller orders before going on the market, lets your price and disclosure reflect what an inspector will likely find.
Lenders and appraisers set their own limits
A financed buyer needs the appraiser to support the price and, for some loans, to find the house acceptable. FHA-insured loans, for example, require the property to meet HUD’s Minimum Property Requirements, and the lender decides which repairs an appraiser flags must be completed. If the condition is serious, such as a missing kitchen, a broken heating system or major water damage, some financed buyers cannot close. That is why as-is listings often draw cash buyers, buyers with large down payments and buyers using renovation loans.
If the appraisal comes in below the contract price, a financed buyer may renegotiate or cover the gap in cash. The stronger as-is offer is often the one with fewer financing conditions.
Cash investor, listing as is, or repairs first: which option fits?
There are three practical ways to sell a house that needs work: accept a direct offer from a cash investor, list the house as is on the open market, or complete selected repairs and then list. The right choice depends on condition, paperwork and your deadline.
| Factor | Direct cash investor offer | List as is on the open market | Selected repairs, then list |
|---|---|---|---|
| Who sees the house | One buyer or a small group of investors | All buyers through OneKey MLS and major portals | All buyers, including financed buyers who need a habitable home |
| Price competition | Limited; the buyer sets the terms | Several buyers can compete for the same house | The widest pool of buyers can compete |
| Repairs and cleanup | Usually none | None required; basic cleanout helps | You pay for and manage the chosen repairs |
| Financing risk | Low if funds are verified | Varies by buyer; cash and large down payments reduce it | Lower appraisal and lender-condition risk |
| Disclosure duties | Same PCDS rules apply | Same PCDS rules apply | Same PCDS rules apply; disclose past problems you know of |
| Brokerage compensation | Often none on your side | Negotiated in your listing agreement | Negotiated in your listing agreement |
| Best fit | Severe condition, strict deadline, need for certainty | Livable house with dated systems or cosmetic issues | A few repairs that open the house to financed buyers |
How to judge a cash offer
Ask for proof of funds, check whether the buyer can assign the contract to someone else, and confirm the deposit and review periods with your attorney. Then compare the offer with a written CMA, not an online estimate.
When a few repairs pay off
Selected repairs make sense when one issue blocks a whole group of buyers, such as a heating system that does not work or an active roof leak. Large cosmetic renovations rarely make sense when the goal is an as-is sale.
Compare your three options side by side
Call or text Agatha at (646) 250-6512. I will prepare a CMA for your house in its current condition and help you weigh a direct offer against an as-is listing and a short repair list, with no obligation to list.
Which New York City records can stall an as-is sale in Queens?
The records most likely to stall a Queens as-is sale are the Certificate of Occupancy, open permits, DOB, OATH/ECB and HPD violations, oil tank history and flood zone status. “As is” covers condition; the paperwork is still reviewed.
Certificate of Occupancy and legal unit count
The Certificate of Occupancy, or CO, records a building’s legal use, including how many dwelling units it may contain. A basement or attic apartment that is not on the CO is a common Queens issue, and many lenders will not finance a house whose actual use does not match its legal use. Houses built before COs were required can be fine; your attorney finds other records of legal use.
Open permits and violations
The NYC Department of Buildings keeps permits, sign-offs, DOB violations and OATH/ECB summonses online. HPD keeps housing maintenance violations for rental buildings. Buyers and lenders usually expect open items to be resolved or escrowed at closing, so pull these records before you set a price.
Oil tanks and flood zones
Many Queens houses were once heated with oil, and the PCDS asks about past and present fuel tanks. Keep any removal or abandonment paperwork, or answer “unknown” and discuss testing with your attorney. In a FEMA Special Flood Hazard Area, a buyer with a federally regulated or insured mortgage must carry flood insurance, so have your policy and any elevation certificate ready.
| Record | Where it usually comes from | What to do before listing as is |
|---|---|---|
| Certificate of Occupancy or other legal-use records | NYC Department of Buildings | Confirm the legal unit count matches how the house is used |
| Permits and sign-offs | NYC Department of Buildings; your contractors | List open permits and ask your attorney whether to close them or disclose them |
| DOB and OATH/ECB violations | NYC Department of Buildings online records | Decide whether to cure, escrow or price in each item |
| HPD violations (rental units) | NYC Department of Housing Preservation and Development | Check open violations if any unit is rented |
| Oil tank removal or abandonment | The contractor who did the work | Find the paperwork or answer the PCDS question as unknown |
| Flood zone, insurance, elevation certificate | FEMA maps; your insurer | Gather the policy and certificate for the PCDS answers |
Key Takeaways
- An as-is clause covers condition, not paperwork; title, violations and legal use are still reviewed.
- A unit count that does not match the Certificate of Occupancy can stop many financed buyers.
- Pull DOB, OATH/ECB and, for rentals, HPD records before you set a price.
- Gather oil tank, flood insurance and elevation certificate documents for the PCDS answers.
How does selling an inherited house as is in New York work?
Estate sales are often as-is sales, because heirs rarely want to renovate. The executor or administrator usually needs authority from the Surrogate’s Court in the county where the decedent lived before signing a contract, and the estate’s attorney coordinates the closing.
Section 463 exempts transfers by a fiduciary administering a decedent’s estate from the PCDS requirement. It does not exempt the federal lead-based paint disclosure for pre-1978 housing, and no one may misstate what they do know.
Keep insurance and utilities active, collect records, arrange a cleanout and get a CMA so the heirs can agree on a price. Our probate real estate guide explains how sales of inherited New York property usually work.
What does a seller still pay in an as-is sale?
An as-is sale removes repair costs, not closing costs. Sellers typically still pay the New York State real estate transfer tax, the NYC Real Property Transfer Tax for property in the five boroughs, their attorney’s fee, any mortgage payoff and recording charges, and brokerage compensation as negotiated.
The NYS Department of Taxation and Finance sets the state transfer tax at $2 for each $500 of consideration, generally paid by the seller, with additional rates for some higher-priced New York City conveyances. For one- to three-family homes, the NYC Department of Finance sets the Real Property Transfer Tax at 1% when the price is $500,000 or less and 1.425% above that. Nassau and Suffolk houses are not subject to the city tax.
Open violations or liens may also be paid from the proceeds. Our guide to Queens closing costs shows how seller and buyer costs line up. A CPA should review any income tax on the gain, especially for an inherited house or a two-family that was partly rented.
Your as-is seller checklist
Use this list before you list or accept a direct offer.
- Hire a New York real estate attorney and ask how an as-is clause will be written in your contract.
- Download the current Property Condition Disclosure Statement and confirm whether an exemption applies to you.
- Pull the Certificate of Occupancy and confirm the legal unit count.
- Search DOB, OATH/ECB and, for rentals, HPD records for open permits and violations.
- Find oil tank, roof, boiler and sewer paperwork, or note that it does not exist.
- Check FEMA flood zone status and gather any flood policy and elevation certificate.
- For pre-1978 houses, prepare the federal lead-based paint disclosure.
- Consider a pre-listing inspection and a basic cleanout.
- Ask for a CMA based on sales of houses in similar condition.
- Estimate the NYS transfer tax and, in the five boroughs, the NYC Real Property Transfer Tax.
If your house is in northeast Queens, our guide to selling a house in Auburndale shows the same paperwork applied to one neighborhood.
Ready to plan your as-is sale?
Call or text Agatha at (646) 250-6512. We can review your records, your timeline and your options for Queens, Brooklyn, Nassau or Suffolk, in English or in Polish.
Frequently asked questions about selling a house as is in New York
Can you sell a house as is in New York State?
Yes. New York law allows buyers and sellers to agree to an as-is sale in the contract. The clause means you will not make repairs or promise anything about condition. For most one- to four-family houses, you must still deliver the Property Condition Disclosure Statement before the buyer signs, and you cannot conceal known defects.
Do I still have to fill out the Property Condition Disclosure Statement if I sell as is?
Yes, unless your transfer is exempt. An as-is clause does not replace the form. Since March 20, 2024, sellers can no longer give a $500 credit instead of the disclosure. Exemptions include estate fiduciaries, court-ordered transfers, foreclosures and new construction never lived in. Co-ops and condos are outside the law.
Can you sell a house as is with a real estate agent?
Yes. Listing as is with a licensed broker exposes the house to the whole market through the MLS. The broker prices it for its condition, writes an accurate listing and screens buyers who can close. Under New York law, the listing agent must also inform you of your disclosure obligations.
Can a buyer back out of an as-is purchase in New York?
Before the contract is signed, a buyer can walk away for any reason. After signing, the buyer’s rights depend on the contract, such as a mortgage contingency. In New York City, buyers usually inspect before signing, so most condition questions are settled before the contract becomes binding. Your attorney explains the specific terms.
Will a buyer’s lender approve a house sold as is?
It depends on the loan and the condition. The appraiser must support the price, and some loans, such as FHA-insured mortgages, require the house to meet HUD’s Minimum Property Requirements. Serious problems like a broken heating system can block financing. Cash buyers and renovation loans are common for houses in poor condition.
Is it better to sell my house as is to a cash investor or list it?
It depends on condition, paperwork and your deadline. A direct investor offer can be simple and certain, but only one buyer is setting the price. An open-market listing lets several buyers compete. Compare both on net proceeds, deposit, contingencies and timing, using a written CMA and your attorney’s review.
Do executors have to give a disclosure when selling an inherited house?
Not the Property Condition Disclosure Statement. Section 463 exempts transfers by a fiduciary administering a decedent’s estate. The federal lead-based paint disclosure still applies to pre-1978 housing, and an executor should never misstate what they know. The executor usually needs Surrogate’s Court authority before signing a contract.
What costs does a seller pay in an as-is sale in Queens?
Usually the NYS real estate transfer tax, the NYC Real Property Transfer Tax, the seller’s attorney fee, any mortgage payoff and recording charges, and brokerage compensation as negotiated. Open violations or liens may also be settled from the proceeds. Selling as is removes repair costs, not closing costs.
Summary and your next step
You can sell a house as is in New York, but “as is” only covers repairs and condition promises. You still deliver the Property Condition Disclosure Statement unless an exemption applies, you still answer truthfully, and buyers, lenders and title companies still review the Certificate of Occupancy, permits, violations, oil tank history and flood status. Gather those records first, get a CMA for the house in its current condition, and compare a direct cash offer with an open-market listing before you decide.
This article is for general informational purposes only and reflects laws and forms that may change. It is not legal, tax, or financial advice, an appraisal, or a guarantee of price or outcome; consult a licensed New York attorney, a CPA, and an NMLS-registered mortgage loan originator as appropriate. A CMA is an opinion of value, not an appraisal. Real estate brokerage services are offered by Agatha Lubas, Licensed Associate Real Estate Broker, NY License #10301213345, Keller Williams Realty Liberty, 96-10 101st Avenue, Ozone Park, NY 11416. The NYS Disclosure Form for Buyer and Seller, the NYS Housing and Anti-Discrimination Disclosure / Fair Housing Notice, and the brokerage’s Standard Operating Procedures are available on request. Equal Housing Opportunity.
Agatha Lubas works with sellers, buyers and investors throughout Queens, Brooklyn, Nassau County and Suffolk County, including owners selling houses as is and families selling inherited property. She offers her services in English and Polish, so each client can talk through the details in whichever language feels most comfortable.
Work with Agatha