You have probably seen a Roswell listing described as “as-is” and wondered what it really means for your money, risk, and timeline. If you are buying, you want to protect your inspection rights. If you are selling, you want clarity and fewer surprises. In Georgia, “as-is” is more about expectations and contract wording than shortcuts. This guide breaks it down in plain English, so you can move forward with confidence. Let’s dive in.
As-is meaning in Georgia
“As-is” has two layers. First, the marketing layer: it signals that the seller does not plan to make repairs or invest in pre-listing fixes. Second, the contract layer: the purchase agreement controls the actual rights and obligations. An “as-is” clause usually says the buyer accepts the home in its current condition except where the contract requires otherwise.
Here is the key idea: “As-is” does not automatically cancel your right to inspect or limit remedies unless the contract specifically says so and both parties agree. The contract language is what matters.
Disclosures still apply
Georgia practice generally expects sellers to complete a property disclosure. Even with “as-is,” a seller who knows about a material defect and fails to disclose it can face issues later. Federal rules also apply to most homes built before 1978, including required lead-based paint disclosures. “As-is” does not erase these duties.
Due diligence in Georgia
Georgia contracts commonly include a due diligence period. You, the buyer, typically pay a nonrefundable due diligence fee at signing and receive a set number of days, often 7 to 21, to inspect and decide next steps. During this window you can accept the home, request repairs or credits, or terminate if the contract allows.
What you can do in this window
- Order a general home inspection and any specialized inspections you need.
- Review HOA documents, title records, permits, surveys, and tax bills.
- Get repair bids to inform negotiations or your budget.
- Decide whether to proceed, negotiate, or cancel within the agreed timeline.
Even in an “as-is” sale, you usually can inspect during due diligence. The seller can refuse repairs, but you may retain the right to terminate during this period if the contract gives you that option.
Priority inspections
A strong inspection plan protects you, especially on an “as-is” purchase:
- General home inspection covering structure, roof, HVAC, electrical, and plumbing
- Termite and wood-destroying organism inspection
- Sewer or septic evaluation to verify system type and condition
- Roof, attic, moisture, and drainage assessment
- HVAC service check, chimney or fireplace evaluation, and insulation review
- Environmental checks as needed, such as radon testing or lead paint for homes built before 1978
- Specialized inspections for foundation, pool, outbuildings, or well water
Roswell-specific checks
- Flood risk: Review floodplain maps for areas near Big Creek, Vickery Creek, and the Chattahoochee River. Lenders may require flood insurance in certain zones.
- Permits: Verify that major renovations had proper permits with the City of Roswell and county records.
- Historic districts: Some Roswell areas have preservation rules that affect exterior changes. Confirm requirements before planning renovations.
- HOAs and covenants: Request CC&Rs, budgets, and any pending assessments that could affect costs or closing.
Lender and appraisal rules
A lender can require repairs or refuse funding if a defect affects safety or habitability. This is separate from the seller’s “as-is” stance. If a loan or appraisal calls for specific fixes, you and the seller must decide whether to address them, negotiate a credit if allowed, or adjust terms. Cash buyers skip financing contingencies, but they still inherit all physical risks, so inspections remain essential.
Myths about as-is
- “As-is means no inspections.” You can usually inspect during due diligence unless you explicitly waive that right.
- “As-is means no disclosures.” Known material defects still need to be disclosed, and federal rules still apply.
- “Cash solves everything.” Cash removes lender conditions, but it does not fix hidden defects or legal issues.
- “Discount equals repair costs.” Markets set price. Get estimates and negotiate based on real numbers.
- “Lenders must fund anyway.” Lender and appraisal conditions operate independently of “as-is.”
Seller checklist for as-is listings
- Complete a Seller’s Property Disclosure and be accurate about known issues and permits.
- Consider a pre-listing inspection to surface major problems and price accordingly.
- Decide before listing if you will consider credits, only lender-required repairs, or none at all.
- Price for condition and invest in presentation. Staging and curb appeal still improve outcomes.
- Clarify in remarks that the buyer will have the usual inspection and due diligence rights, even if you do not plan repairs.
- If speed matters, consider a limited home warranty or a modest credit to widen your buyer pool.
Buyer checklist for as-is purchases
- Never skip inspections. Add room in your budget for specialized checks like septic, structural, or mold.
- Use due diligence to gather bids quickly if you want to negotiate credits or a price change.
- Confirm lender tolerances for repairs early, especially on items that could affect safety.
- Consider a larger due diligence fee to win in competition, and remember it is typically nonrefundable.
- Review disclosures closely and tailor your inspections based on what you learn.
- For older or historic homes, verify approvals you may need for future work and factor timelines into your plans.
Contract fine print to review
- The exact “as-is” clause: does it preserve inspection rights and allow termination during due diligence?
- Inspection termination steps: deadlines, notice requirements, and who receives the due diligence fee.
- Seller representations: factual statements about systems or history that stand apart from “as-is.”
- Warranty disclaimers: what warranties are excluded and what remedies remain if misrepresentation occurs.
Call in the right pros
- Real estate attorney for complex language, disclosure issues, or custom provisions.
- Experienced local agent for pricing, norms, and strategy in Roswell and greater North Fulton.
- Certified inspectors and specialty contractors to size the real cost of repairs.
- Local building and historic offices to verify permits and any exterior change rules.
- Lender or mortgage broker to clarify appraisal and repair requirements.
Final take
“As-is” in Roswell is not a shortcut. It is a signal about repairs that still sits inside Georgia’s due diligence framework, disclosure rules, and lender requirements. When you combine clear contract terms with thorough inspections and smart pricing, you reduce risk and keep your leverage. If you want a construction-literate, concierge approach on either side of the table, connect with Rony Smith-Ghelerter for a private strategy session tailored to your goals.
FAQs
What does as-is mean in a Georgia purchase agreement?
- It means you accept the home in its current condition except where the contract says otherwise, but your inspection and termination rights depend on the exact contract language.
Can I inspect an as-is home in Roswell?
- Usually yes during the due diligence period, unless you explicitly waive inspections in the contract.
Will a lender finance a home sold as-is?
- Often yes, but the lender or appraiser may require certain repairs for safety or habitability before funding.
What is a typical due diligence period in Georgia?
- It is negotiated, but many contracts use a window of about 7 to 21 days along with a nonrefundable due diligence fee.
As a seller, do I still need to disclose defects?
- Yes, known material defects should be disclosed, and federal disclosures like lead-based paint rules still apply.
