Sold As Is Houses is not a buyer, broker or law firm. This guide is general information, not legal advice. How this site works
Quick answer
Selling as is means you will not make repairs and the buyer accepts the house in its current condition. It does not excuse you from the state disclosure rules in either North or South Carolina, and it does not let you misstate problems you know about. You can sell as is through an agent, to a cash investor, or at auction. Cash offers are usually below full market value, so compare the terms, not only the price.
What "as is" means, and what it does not
As is is a contract term. It means you will not fix anything and the buyer accepts the house in its current condition. South Carolina's disclosure law says so directly: the parties may agree on the property's condition, including a sale as is [1].
- It does mean no repair requests, in most deals, and often fewer things to negotiate after inspection.
- It does not mean you can skip the state disclosure form, or misstate what you know. In South Carolina, an owner who knowingly gives false, incomplete or misleading information is liable for the buyer's actual damages and court costs [1].
- It does not stop the buyer from inspecting. South Carolina's law keeps the buyer's duty to inspect [1].
Disclosure rules in each state
Both states require a disclosure form for most sales of houses with one to four units, and in both states as is is not one of the exemptions [2] [1].
| Rule | North Carolina (G.S. 47E) | South Carolina (S.C. Code 27-50) |
|---|---|---|
| What it covers | 1 to 4 dwelling units, with or without a broker [2] | 1 to 4 dwelling units [1] |
| When it is due | By the time the buyer makes an offer [2] | Before the contract is signed, unless the contract says otherwise [1] |
| If it is late or missing | Buyer may cancel within a short window and get the deposit back [2] | The contract is not void [1] |
| Skipping it by agreement | Allowed if both parties agree, but the mineral and oil and gas disclosure is still required [2] | Allowed if both parties agree in writing [1] |
| Estate and foreclosure sales | Exempt, including fiduciary and foreclosure-related transfers [2] | Exempt, including fiduciary transfers and foreclosure sales [1] |
The state guides go further: North Carolina and South Carolina.
Your options compared
| Option | How it works | Price and timing | Watch for |
|---|---|---|---|
| List with an agent, as is | The house goes on the open market in its current condition. | Often the most buyers competing. Takes longer and has commission. | Some buyers need a loan that requires certain repairs. |
| Sell to a cash investor | An investor buys with their own funds, usually without repairs. | Usually below full market value. Often faster. | Proof of funds, who closes, and fees in the contract. |
| Cash investor who assigns | The investor signs with you, then sells the contract to another buyer for a fee. | Similar to a cash sale, but the closing depends on finding the end buyer. | Assignment clause. The buyer at closing may be someone else. |
| Auction | The house sells to a bidder on a set date. | Fixed timeline. Price depends on who bids. | Auction fees, reserve terms and who pays the closing costs. In SC, sales at public auction are exempt from the disclosure form [1]. |
Before you pick a path, it helps to know three numbers: what you owe (ask your lender for a payoff statement), roughly what the house would sell for after repairs, and what those repairs would cost. With those, you can see how far below market a cash offer really is, and whether listing as is could net more.
Time matters too. If you are behind on payments, the foreclosure timeline may set your deadline. In North Carolina, the foreclosure timeline guide shows each stage, and in South Carolina, see the foreclosure process guide. If the house is inherited, the estate may need to be open before anyone can sell; see the North Carolina and South Carolina inherited house guides.
How to compare cash offers
Two offers with the same price can be very different deals. Ask each buyer for these in writing:
- Proof of funds. A recent bank or lender statement that shows they can pay the price.
- Earnest money. How much, who holds it, and when it becomes yours if they back out.
- Who closes. The name of the closing attorney. In both Carolinas, a licensed attorney handles or supervises the legal work of a residential closing [3] [4].
- Assignment clause. Whether the contract lets them assign it to someone else, and whether they will close in their own name.
- Inspection or option period. How many days they can walk away, and whether they can renegotiate the price after inspecting.
- Closing costs. Who pays the attorney, title work and transfer taxes. In NC the seller owes the excise tax of $1 per $500 [5]. In SC the deed recording fee is $1.85 per $500, owed by the seller first and the buyer second [6].
- The buyer's legal name. The entity that signs, not a brand or a phone number.
Then compare the net, what you walk away with after costs, against what a listing could bring. Read the contract, and consider an attorney before you sign. The cash offer vs listing guide goes deeper.
Wholesalers and assignments: what to watch for
Some cash buyers are wholesalers. They sign a contract with you, then find another buyer and assign the contract for a fee. Each state treats this differently.
North Carolina. A genuine buyer does not need a license to assign their own purchase contract [7]. The NC Real Estate Commission warns that it may be unlicensed brokerage to market to sellers as a cash buyer with no intention of buying, misrepresent an interest in the property, handle other people's deposits, or negotiate between a seller and another buyer [7]. A wholesaling bill, House Bill 797, passed the House in 2025 but is still in a Senate committee and is not law [8].
South Carolina. House Bill 4754 became law on May 21, 2024. Under it, advertising or marketing real estate owned by someone else with the expectation of compensation requires a real estate license [9]. The SC Real Estate Commission says assigning a contract is not, by itself, wholesaling. But contracting to buy a house, then marketing that property and assigning the contract to someone else for compensation is wholesaling [10]. The Commission reads marketing broadly and says a disclaimer that only a contract is for sale does not get around the rule [10].
- Ask whether the buyer intends to close in their own name or assign.
- Ask whether anyone will advertise your house, its address or photos to other buyers before closing.
- Watch for pressure to sign the same day, or a contract with a long inspection period and a small deposit.
Common questions
Do I still have to disclose problems if I sell as is?
In most sales, yes. As is is not an exemption from the NC or SC disclosure law [2] [1]. In both states the parties can agree to skip the form, and in NC the mineral and oil and gas disclosure is still required [2].
Will an as-is sale get a lower price?
Often, because the buyer takes on the repairs. Cash offers in particular are usually below full market value.
What is an assignment clause?
A term that lets the buyer transfer the contract to someone else before closing, usually for a fee. In NC a genuine buyer may assign their own contract without a license [7]. In SC, marketing your property to other buyers and assigning the contract for compensation is wholesaling [10].
Do I need an attorney to sell as is?
In NC, title and deed work is legal work a nonlawyer may not do without a lawyer's supervision, and in SC the closing steps must be performed or supervised by an SC-licensed lawyer [3] [4]. You can also hire your own attorney to review the contract before you sign.
Sources
- S.C. Code Title 27, Chapter 50, Residential Property Condition Disclosure Act South Carolina Legislature, accessed October 17, 2026
- G.S. Chapter 47E, Residential Property Disclosure Act North Carolina General Assembly, accessed October 17, 2026
- Authorized Practice Advisory Opinion 2002-1: On the Role of Laypersons in the Consummation of Residential Real Estate Transactions North Carolina State Bar, accessed October 17, 2026
- Ethics Advisory Opinion 26-01 South Carolina Bar, accessed October 17, 2026
- G.S. 105-228.30, Imposition of excise tax North Carolina General Assembly, accessed October 17, 2026
- S.C. Code Title 12, Chapter 24, Deed Recording Fees South Carolina Legislature, accessed October 17, 2026
- Brokers & Consumers Should Beware of Unlicensed Activity in North Carolina North Carolina Real Estate Commission, accessed October 17, 2026
- House Bill 797 (2025-2026 Session): Residential Property Wholesaling Protection North Carolina General Assembly, accessed October 17, 2026
- 2024 Changes to the Real Estate Practice Act South Carolina Department of Labor, Licensing and Regulation, accessed October 17, 2026
- Advisory Opinion on Exceptions to Wholesaling Under Real Estate Practice Act SC Code 40-57-10 et seq. South Carolina Department of Labor, Licensing and Regulation, accessed October 17, 2026
How this page was made
This guide was drafted with AI writing tools, working from the official sources listed on this page. A separate fact-checking pass opened every cited source and checked each rule, deadline and number against it; anything a source did not support was removed. Marcus L. Barber, the publisher, then read and approved the full page, including the text, questions and answers, title and search description before it was published.
This page is general information, not legal, tax or financial advice, and it has not been reviewed by a North Carolina or South Carolina attorney. Laws and court rules change; check the linked source or ask a lawyer about your situation. See our editorial policy. Spot an error? Email support@soldasishouses.com.
