In California there is an expression every buyer and seller hears sooner or later: selling a home "as is" — in its present condition. On the Cadê Brazil podcast, Aguiar, a home inspector serving Southern California, opened the conversation with realtor Dina Silveira and Jason Lanzarini with exactly that, to explain why, even in a sale like this, the inspection remains central to the deal — for the buyer and, increasingly, for the seller.

What "as is" means — and what it does not

Selling "as is" means the seller does not commit to fixing anything. In practice, the standard purchase contract used in California, from the California Association of Realtors (C.A.R.), already assumes the property is sold in its present condition. But the same contract gives the buyer a period to inspect the home — 17 days, unless the parties agree otherwise — and, based on what they find, request repairs, negotiate or cancel.

And "as is" does not erase the seller's obligation to disclose what they know. California law (Civil Code, section 1102 et seq.) requires the seller of a home to give the buyer a statement of the property's condition, disclosing the defects they know about. Selling "in its present condition" does not relieve the seller of the duty to tell what they already know.

For the buyer, Aguiar sums up why to inspect anyway: to find out in advance whether the house will need 10, 20 or 30 thousand dollars in repairs. Sometimes the inspection reveals something so serious that the buyer walks away. Most of the time, it is the basis for knowing how much they will spend.

The negotiation after the inspection

Dina Silveira explains how the report enters the negotiation. With the inspection in hand, the buyer can ask the seller to fix the items flagged. The seller has three paths: make the repairs, give a credit at closing or do nothing. Which one prevails depends on the market — how many buyers are competing for the house and how badly the seller needs to sell. "The seller wants to sell and the buyer wants to buy," she says; one way or another, the parties reach a consensus, at least on repairs.

An example figure cited by Aguiar: replacing a home's entire central air conditioning system can cost around $15,000. Next to the price of a home in California, the three note on the episode, the cost of an inspection — a few hundred dollars — is small compared with the risk of a repair that size after the purchase.

Inspecting before listing: the seller's path

Knowing about a problem does not require fixing it — it requires disclosing it. More and more sellers do not wait for the buyer's inspector. They hire their own inspection before putting the home on the market — the pre-listing inspection. Aguiar says he had done one the week before the recording and notes a pattern: in a house that has not been listed yet, he finds far more than in one already on the market, because there the seller has already fixed almost everything they could.

The advantages for the seller:

• Fix the cheap stuff: many findings are simple — paint, an adjustment, a part that costs a few dollars — and, if left for the buyer's inspection, they become arguments to lower the price.
• Price realistically: whatever is not worth fixing goes into the price from the listing, instead of becoming a surprise in the middle of escrow.
• Fewer surprises in the negotiation: the seller does not discover, alongside the buyer, a leak they did not even know existed.
• Take care of your own home: Dina points out that even if the owner decides not to sell, they want the house in good shape — and the inspection shows what is going on inside the walls and under the floor.
• Those who cannot afford to fix anything also benefit: knowing what is there, they can price and disclose without getting caught off guard in the negotiation.

What the seller needs to know first

• The buyer will inspect anyway. The seller's inspection does not replace the buyer's — and, as Dina and Aguiar point out, something is always found, even in a new home.
• Whatever the inspection reveals becomes a known defect. Anything not fixed must be disclosed to the buyer on the disclosure forms, and many sellers choose to hand over their own report. In other words, a pre-listing inspection is not a way to hide problems, but a way to reach the market without surprises.
• Choose an inspector you trust, with hands-on construction experience — ask for referrals and a sample report before hiring — who clearly explains what is serious and what is simple.

The inspector is not the seller's enemy

Jason Lanzarini asked whether the seller should be afraid of the inspector. For Aguiar, neither the seller nor the realtor needs to be: the inspector "is not there to make anyone look bad," but to guide — show the reality of the house, point out what needs repair and include in the report maintenance tips that help save on water, power and the health of the home, such as changing the air conditioning filter. If everything is fine, the report says everything is fine.

The full episode is on the Cadê Brazil podcast.

Sources and verification

• California Civil Code, section 1102 et seq. — mandatory seller disclosure of the property's condition (Transfer Disclosure Statement).
• California Association of Realtors (C.A.R.) — standard residential purchase contract (Residential Purchase Agreement): sale in present condition, buyer's right to inspect and default 17-day period for investigation contingencies.
• Transcript of the Cadê Brazil podcast episode with realtor Dina Silveira, Jason Lanzarini and home inspector Aguiar.

These rules apply in California; in other states the duty to disclose and the standard contract are different.

Who is speaking: the Cadê Brazil podcast is hosted by Jason Lanzarini, who since 2014 has run the Facebook groups of the Brazilian Community in California. This episode was recorded with realtor Dina Silveira, a specialist in the South Bay market in Los Angeles, with guest Aguiar, a home inspector serving Southern California.

General information for the Brazilian Community in California — not legal, financial or technical advice. For your situation, consult a California-licensed professional.