As is meaning: what the Illinois form says
As is means a sale subject to the defects you disclosed. The Illinois disclosure report says the two sides may negotiate a sale "subject to any or all material defects disclosed in this report" [1]. It also says the report does not limit their right to contract for a sale in "as is" condition [1].
Two things follow from those words:
- It is an agreement. As is goes in the contract, so the buyer has to agree to it.
- It rests on what you disclosed. A material defect is a condition with "a substantial adverse effect" on the home's value, or one that would "significantly impair the health or safety" of the people living there [1].
What gets repaired is settled in that agreement. The Disclosure Act tells you to disclose known defects. It does not tell you to repair them [1].
As is rules: what still applies
As is rules leave your legal duties in place. An as is sale is not on the Disclosure Act's list of exempt sales [1]. Five duties stay with you:
- The disclosure report. You complete every item and deliver it to the buyer before the contract is signed [1]. You disclose the material defects you actually know about, and you do not have to investigate to fill it out [1]. The full list is in what Illinois sellers must tell a buyer.
- The radon papers. You give the buyer the state radon pamphlet and the Illinois Disclosure of Information on Radon Hazards before the buyer is bound by a contract [2]. You also hand over any test results you have that show elevated radon [2]. The law does not make you test or fix the radon level, and what a failed radon test means in Illinois covers the rest [2].
- Lead paint disclosures. A federal rule covers most homes built before 1978 [3]. Before the contract is signed, the buyer gets the EPA pamphlet, what you know about lead paint in the home, your records and reports, and a lead warning statement [3]. The buyer also gets a 10-day period to test for lead paint, unless the buyer waives it or both sides agree in writing to a different length [3].
- Smoke and carbon monoxide alarms. Illinois law makes the owner supply and install the required alarms [4][5]. Neither law has an exception for as is sales. Where they go is in what your Illinois home needs before you sell.
- Your broker's duty. A broker working for a seller must tell buyers about problems with the home's physical condition that a buyer could not find alone. That means problems the broker actually knows about and that a reasonably diligent inspection would not turn up [6]. If I know about one, I have to say so, as is or not.
The Disclosure Act also says it does not limit a duty to disclose that comes from any other law [1].
Home inspection: the buyer can still ask
Home inspection stays open to the buyer in an as is sale. The Illinois form says it is not a substitute for an inspection. It also tells the buyer that an inspection by a qualified professional may be requested [1]. Whether the buyer can cancel over what an inspector finds depends on your contract, because the Disclosure Act does not set that.
An inspection can also show you something new. If you learn of an error or omission in your report before closing, you must give the buyer a written supplement [1]. The Act then lists three cases where a material defect in a supplement lets the buyer terminate, and it has no exception for as is sales [1]:
- you knew about the defect when you signed the report
- the defect cannot be repaired before closing
- it can be repaired, but you do not agree in writing to repair it within 5 business days after delivering the supplement
Buyer loans: the lender keeps its own rules
Buyer loans carry property rules your contract cannot change. An appraisal is a report on what the home is worth, and for a loan it also reports the home's condition [7]. Here is how two common loan rules treat a home with problems:
- Fannie Mae loans. Fannie Mae allows an appraisal in "as is" condition when the problems are minor and do not affect safety, soundness or structural integrity [7]. Its examples include worn carpet, minor plumbing leaks, missing handrails and cracked window glass [7]. A home with the lowest condition rating, C6, must be repaired to at least C5 before the loan can be sold to Fannie Mae [7].
- FHA loans. FHA requires a home to meet its Minimum Property Requirements, which are meant to make sure it is "safe, sound, and secure" [8]. When an appraisal or inspection finds a condition that fails them, the lender must make sure the repairs are done before the loan can be FHA insured [8]. HUD asked for public comment on those rules on May 29, 2026, so ask the buyer's lender for the current version [8].
So an as is home with a safety problem can lose a buyer who needs one of those loans, unless the repair gets done. A buyer paying cash has no lender to satisfy.
Estate sales: where Illinois steps back
Estate sales are one place the Illinois paperwork changes. A fiduciary, such as an executor or trustee, is exempt when selling in the course of administering an estate, guardianship, conservatorship or trust. That exemption is in both the Disclosure Act and the Radon Awareness Act [1][2]. Sales ordered by a court, including a probate court, are exempt from both too [1][2].
The federal lead paint rule is separate. EPA's list of exceptions names foreclosure sales and does not name estates [3]. If an estate home was built before 1978, ask about the lead paint disclosures before it goes on the market.
As is example: a 1965 ranch with a roof leak
As is paperwork is easiest to see in an example. Say you own a 1965 ranch in Illinois with a roof leak you have decided not to fix. That is an example, not a real home.
- You mark the roof statement yes on the disclosure report and explain the leak [1].
- Before anyone signs, the buyer gets that report, the radon pamphlet and form, and the lead paint papers, because the home was built before 1978 [1][2][3].
- You make sure the required smoke and carbon monoxide alarms are in place [4][5].
- The contract says the sale is as is, subject to the roof leak on your report.
- The buyer inspects, and the lender's appraiser reports the roof's condition. If the leak affects the home's soundness, the loan rules above can still call for a repair [7][8].
Done this way, every problem you know about is on paper before anyone signs, and the contract says who fixes what.
What it means if you sell in Illinois
If you are selling in Illinois, as is is a choice about repairs, not about paperwork. Whether to fix the home first comes down to your house. Weigh what the repair costs, what it changes about the price, and which buyers could still get a loan on it. The paperwork is the same either way, and the form itself says you may wish to talk with an attorney before you complete it [1].
Deciding between repairs and as is? The two steps below are where to start.
Complimentary Home ValuationSchedule Your Seller Consultation
