# What Does "As Is" Mean on a BC Home Listing? | Buyer Guide > “As is” means no repairs or warranties, not a licence to hide defects. What B.C. law says, the 2025 disclosure ruling, court-ordered sales, and how to protect yourself. **Source:** https://soldbycraig.ca/blog/what-does-as-is-mean-bc-real-estate/ **Author:** Craig Johnston, REALTOR® (BC Licence V99960) · Royal LePage Elite West **Site:** https://soldbycraig.ca --- ## What does “as is” mean on a B.C. home listing? What it protects, and what it doesn’t. “As is” or “as is, where is” tells you the seller won’t fix anything or stand behind the home’s condition. It doesn’t let a seller hide known problems, it doesn’t stop you from inspecting, and on most sales it doesn’t remove your three-day rescission right. Here’s what it means under B.C. law, who lists homes this way, and how to buy one without inheriting someone else’s problem. Quick answer ## No repairs, no warranties. Not a licence to hide problems. What it means The seller won’t repair or warrant the home’s condition. You buy it as you found it. What it doesn’t It doesn’t excuse hiding a known latent defect that makes the home dangerous or unfit, or lying about it Your protection You can still write subjects: inspection, financing, insurance, a disclosure statement Rescission The 3-business-day right still applies, except for court-ordered, auction and leasehold sales **How to read it:** an “as is” listing is a signal to do more homework, not less. Price the home for its real condition, inspect it thoroughly, and keep your subjects unless it’s a court-ordered sale where you can’t. From BCFSA — [Material latent defects →](https://www.bcfsa.ca/public-resources/real-estate/selling-home/material-latent-defects) ### Buyer beware In B.C. the buyer is responsible for finding defects a reasonable inspection would reveal, with or without “as is.” ### Known hidden dangers Sellers who know of a hidden defect that makes the home dangerous or unfit must disclose it. ### Crossing out the PDS B.C.’s Court of Appeal held that striking out a disclosure statement can itself be a misrepresentation. ### Court-ordered sales Foreclosure sales are as is, subject to court approval, and have no rescission period. ## What “as is” actually means in B.C. The starting point for every resale home in B.C. is *caveat emptor*, buyer beware. The buyer takes on the risk of defects in the property’s condition, and it’s up to the buyer to satisfy themselves through reasonable inspection and inquiry. That’s true whether or not a listing says “as is.” What “as is” adds is clarity. The seller is telling you, up front, that they won’t make repairs, give credits for condition, or make promises about how things work. Sometimes the wording is “as is, where is,” which means the same thing plus “in its current location and state.” Expect fewer concessions on condition issues during negotiation. Courts separate defects into two kinds, and the difference matters: - **Patent defects** are ones a reasonable inspection would reveal: a stained ceiling, a cracked foundation wall in an unfinished basement, an old roof. The seller doesn’t have to point these out. In *Cardwell v. Perthen*, B.C.’s Court of Appeal confirmed that a buyer who misses obvious, visible defects can’t shift the blame to the seller, and that a buyer without construction knowledge is expected to get qualified help. - **Latent defects** are hidden ones a reasonable inspection wouldn’t find. Here the seller’s duty changes, and an “as is” label doesn’t change it back. “As is” tells you the seller won’t fix anything. It doesn’t tell you there’s nothing to fix. ## What “as is” doesn’t protect a seller from. B.C. courts have held sellers liable for known, concealed latent defects and for misrepresentation, and an “as is” label isn’t a shield against either. - **Known hidden defects that make the home dangerous or unfit.** A seller must disclose a latent defect they know about (or are reckless about) that can’t be found by reasonable inspection and makes the property dangerous or unfit to live in. The buyer has to prove the seller knew. - **Lying.** In *Sahamis v. Lenz* (2014 BCSC 2305), sellers who answered “no” on a disclosure statement while knowing about ongoing moisture, mould and rot problems were found to have made fraudulent misrepresentations, and the buyer recovered the repair costs. - **Crossing out the disclosure statement.** In *Sewell v. Abadian* (2025 BCCA 158), a seller struck through every question on the Property Disclosure Statement and wrote that he’d never lived there. He knew about an unpermitted enclosure. The Court of Appeal held that a struck-through PDS is a representation that the seller has no knowledge of those items, which made it a misrepresentation. The seller’s REALTOR® has a separate, broader duty. Under section 59 of the Real Estate Services Rules, a listing agent must disclose known **material latent defects** to buyers before a contract is made. That definition goes beyond danger: it also covers defects that would be very expensive to fix, local-government notices that something must be remedied, and a lack of required permits. If a seller tells their agent not to disclose, BCFSA says the agent must stop acting for them. Licensees can’t contract out of this, even on a court-ordered sale. ## Why homes get listed “as is.” Most “as is” listings aren’t hiding anything. They’re being sold by people who genuinely don’t know the home’s history, or who can’t take on repairs: - **Estate sales.** Executors often have no first-hand knowledge of the home, and many decline to complete a disclosure statement. In most estate sales, title can’t transfer until probate is granted, which can take months. I cover the seller side in [selling an inherited Coquitlam home](/blog/selling-inherited-estate-property-coquitlam/). - **Court-ordered sales (foreclosures).** Lenders selling under a court order sell “as is, where is” by design. More on these below. - **Investor and tenanted properties.** Owners who never lived there, or homes run by a property manager. - **Homes that need work.** Older houses where the seller would rather price for condition than renovate. In the Tri-Cities that often means homes from the 1960s and 70s in established neighbourhoods. - **Sellers short on time.** Relocations, separations, or a purchase already firm elsewhere. ## Ordinary “as is” sale vs. court-ordered vs. estate sale. Court-ordered sales deserve special care. The lender applies for conduct of sale under the Supreme Court Civil Rules, lists the property, and attaches a Schedule A that protects the lender and often overrides the standard contract. Once an accepted offer’s subjects are removed, it goes to a public hearing. Other buyers can bring competing offers on the hearing day, condition-free, and the court may prefer better terms, not just a higher price. You can do all the work and still lose the home. My [guide to B.C. foreclosures and court-ordered sales](/bc-foreclosures/) walks through it step by step. ## The disclosure statement, and the new “no-disclosure” form. In B.C., the Property Disclosure Statement is voluntary. BCFSA describes it as a form completed by the seller, and there’s no legal requirement to provide one. It isn’t a warranty. When a seller does fill it in, they must answer honestly based on what they know, and they can be liable for answers they know, or should know, are wrong. After the *Sewell* decision, the BC Real Estate Association released a revised PDS and a new **Property No-Disclosure Statement** in July 2025. It lets a seller formally decline to make representations instead of crossing out the questions. BCFSA’s advice to buyers on it is direct: - Treat a no-disclosure statement as a sign that there may be a defect, and do more due diligence, not less. - You’re best protected by making a completed disclosure statement a condition of your offer. - Ask your lender whether a no-disclosure statement will be acceptable for your financing. ## How to protect yourself buying an “as is” home. On an ordinary resale, “as is” describes the seller’s position. It doesn’t take away the tools you have as a buyer: - **An inspection subject.** Hire a qualified inspector and, for an older home, consider a sewer-line scope and specialist trades. See [inspection subjects in B.C.](/blog/inspection-subjects-bc-coquitlam-buyer-guide-2026/) and the [B.C. home inspection checklist](/home-inspection-checklist-bc/). - **A financing subject.** A pre-approval doesn’t commit a lender to a specific property. Some lenders won’t finance homes with major deficiencies, oil tanks or unpermitted work, and a low appraisal leaves you covering the gap. - **An insurance subject.** Confirm you can get insurance before you’re committed (more on why below). - **A disclosure statement subject.** Ask for a completed PDS as a condition, as BCFSA recommends. - **The rescission period.** B.C.’s Home Buyer Rescission Period gives you three business days after acceptance to back out for a fee of 0.25% of the price, and it can’t be waived. It applies to ordinary “as is” sales. It doesn’t apply to court-ordered or court-supervised sales, auctions, or leasehold and leased-land property. Details: [the 3-day rule](/bc-home-buyer-rescission-period/). - **The condition at possession.** The standard B.C. Contract of Purchase and Sale includes a clause about the property being in substantially the same condition at possession as when the buyer viewed it. Ask your REALTOR® and lawyer how that interacts with any “as is” wording or schedule the seller adds. A seller can refuse your subjects. That’s a negotiation, and the price should reflect it. If a seller wants a subject-free offer on a home they won’t vouch for, the risk is yours, and your price should carry it. ## What to check first on an “as is” home. #### Oil tanks Common in older Lower Mainland homes. BCFSA says a leaking or damaging tank may be a material latent defect. Add a scan or environmental inspection, or negotiate a holdback. #### Knob-and-tube Some insurers won’t cover it, some give time to replace it, and some want a safety inspection first. Get a quote before you’re firm. #### Cannabis history BCFSA notes some insurers refuse these homes outright and some lenders may not fund them without further inspection. #### Unpermitted work Suites, additions and enclosed decks. Check the City’s permit records. A lack of permits is a material latent defect if the agent knows. Add the usual big-ticket items for an older home: roof age, perimeter drainage, the sewer line, the electrical panel, and in pre-1990 homes, the possibility of asbestos in some materials. For strata homes, read the depreciation report, the minutes and the contingency fund before anything else. My [12 red flags on a Coquitlam home](/red-flags-buying-coquitlam-home/) covers the issues I most often see clients walk away from. ## Thinking of selling “as is”? Three things to know. 1. **It doesn’t remove your disclosure obligations.** If you know about a hidden problem that makes the home dangerous or unfit, you must disclose it, and your agent has a broader duty under section 59. Don’t cross out the disclosure statement; talk to your agent and lawyer about whether to complete it or use the no-disclosure form. 2. **The price has to match the condition.** Buyers discount for uncertainty, often by more than the repair would cost. A [pre-listing inspection](/blog/pre-listing-home-inspection-coquitlam-seller-guide/) can replace uncertainty with a known number. 3. **Sometimes a small fix is worth it.** One or two inexpensive repairs can widen your buyer pool, especially to buyers whose lenders or insurers would otherwise say no. If you’re weighing whether to fix things first or sell as is, a [home evaluation](/home-evaluation/) is the right first step. I’ll show you what comparable homes in similar condition have sold for. ## “As is” listings in B.C.: FAQ ## Sources & methodology Disclosure duties and the material latent defect definition are from BCFSA’s [material latent defects](https://www.bcfsa.ca/public-resources/real-estate/selling-home/material-latent-defects) consumer page and [licensee information](https://www.bcfsa.ca/industry-resources/real-estate-professional-resources/knowledge-base/information/material-latent-defects-information) (Real Estate Services Rules s. 59), and BCFSA [Advisory 25-026](https://www.bcfsa.ca/industry-resources/real-estate-professional-resources/knowledge-base/advisory/updates-bcfsas-disclosures-and-material-latent-defects-guidance) (July 2025). Case law: *Cardwell v. Perthen*, 2007 BCCA 313; *McCluskie v. Reynolds* (1998), 65 B.C.L.R. (3d) 191; *Sahamis v. Lenz*, 2014 BCSC 2305, as summarized in BCREA’s [Legally Speaking #477](https://www.bcrea.bc.ca/?p=11638); and *Sewell v. Abadian*, 2025 BCCA 158, as summarized by [Harper Grey LLP](https://www.harpergrey.com/wills-estates-blog/even-a-crossed-out-property-disclosure-statement-can-constitute-misrepresentation/). Court-ordered sales are from BCREA’s [Legally Speaking #590](https://www.bcrea.bc.ca/legally-speaking/proceeding-with-caution-court-ordered-sales-in-the-foreclosure-context-590/) (November 2025). Rescission rules are from BCFSA’s [Home Buyer Rescission Period](https://www.bcfsa.ca/public-resources/real-estate/home-buyer-rescission-period) page and B.C. Reg. 175/2022. Oil tank and grow-op guidance is from BCFSA’s [oil tank guide](https://www.bcfsa.ca/public-resources/real-estate/consumer-resources/consumer-guide-oil-tanks) and [cannabis residential guidelines](https://www.bcfsa.ca/industry-resources/real-estate-professional-resources/knowledge-base/guidelines/cannabis-residential-guidelines). Probate timing is from [People’s Law School](https://www.peopleslawschool.ca/qa/buy-home-from-estate-sale/). All read October 19, 2026. This page is general information, not legal advice; have a lawyer review any contract or schedule before you sign. ## Keep doing your homework. The pages below go deeper on protecting yourself on a resale purchase in B.C. #### B.C. foreclosures and court-ordered sales How buying through the court works, from offer to approval hearing. #### Subjects and conditions in B.C. Which subjects protect you, and how to write them. #### Inspection subjects, explained Timelines, what inspectors cover, and what to do with the report. #### 12 red flags on a Coquitlam home The issues worth walking away from. #### Selling an inherited home The executor’s side of an estate sale, step by step. #### The 3-day rescission period How B.C.’s Home Buyer Rescission Period works. ## Looking at an “as is” home? Let’s go through it before you offer. I’ll help you work out what to inspect, which subjects to keep, and what the home is worth in its real condition. It starts with a 20-minute call. Craig Johnston, REALTOR® V99960 · Royal LePage Elite West · 604-202-6092 Continue your research ## More on buying with confidence. Inspection ### B.C. home inspection checklist What inspectors check, room by room. Older homes ### Buying an older home: what to inspect The systems that matter most in a 30-plus-year-old house. Fixer-uppers ### Buying a fixer-upper in Coquitlam How to price and plan a home that needs work. Sellers ### Discount vs full-service listing What the fee buys when you sell. About the author ### [Craig Johnston, REALTOR®](/coquitlam-realtor-craig-johnston/) 9+ year Burke Mountain resident and 47+ year Tri-Cities native, with Royal LePage Elite West. BC Real Estate License V99960, regulated by the BC Financial Services Authority (BCFSA). Specializes in Coquitlam, Burke Mountain, Westwood Plateau, Heritage Mountain, Port Moody, Anmore acreage, and Belcarra Indian Arm waterfront. Move-up family representation, first-time buyer guidance, $2M+ luxury. [Full bio + credentials →](/coquitlam-realtor-craig-johnston/) [Book a free strategy call](/book-a-strategy-call-with-craig-johnston/) Tri-Cities monthly ## Local, once a month. September 2026 Coquitlam detached HPI is $1,584,400, -6.6% YoY. What that means for your buy or sell decision — without the salesy fluff. One email per month. Unsubscribe anytime. No spam, no listings flood, no marketing automation games. Genuine monthly update from a 47+ year Tri-Cities resident. ## A specialist for your specific Tri-Cities city or neighbourhood. ## FAQ ### What does “as is” mean when buying a house in BC? It means the seller won’t make repairs or give warranties about the home’s condition, and you buy it in the state you found it. It doesn’t allow the seller to hide a known latent defect that makes the home dangerous or unfit to live in, or to misrepresent the home. You can still inspect, and you can still ask for subjects in your offer. ### What’s the difference between “as is” and “as is, where is”? In practice they mean the same thing: the property is sold in its current condition, with no repairs or warranties from the seller. “As is, where is” is the standard wording on court-ordered sales and is common on estate and lender sales. ### Does a seller have to disclose defects in an “as is” sale in BC? A seller must disclose known latent defects that can’t be found by reasonable inspection and that make the home dangerous or unfit for habitation, and must not misrepresent the property. They don’t have to point out defects a reasonable inspection would reveal. Separately, the seller’s REALTOR® must disclose known material latent defects under section 59 of the Real Estate Services Rules, a broader definition that includes expensive defects, government notices and missing permits. ### Can I get a home inspection on an “as is” property? Yes. On an ordinary resale you can make your offer subject to an inspection, and the seller decides whether to accept that subject. On a court-ordered sale, you can inspect before the hearing, but any subjects on the first accepted offer must be removed before the court approval hearing, and competing offers at the hearing must be condition-free. ### Does the 3-day rescission period apply to “as is” sales? For ordinary resales, yes. B.C.’s Home Buyer Rescission Period gives buyers three business days after acceptance to rescind, for a fee of 0.25% of the price, and it can’t be waived. It doesn’t apply to property sold under a court order or court supervision, at auction, on leased land, or as a leasehold interest. ### Is a Property Disclosure Statement required in BC? No, it’s voluntary. But after the 2025 Court of Appeal decision in Sewell v. Abadian, crossing out the questions can itself be treated as a representation that the seller knows of no issues. In July 2025 the BC Real Estate Association introduced a Property No-Disclosure Statement, and BCFSA advises buyers to treat one as a sign to do more due diligence. ### Are “as is” homes cheaper? They should be priced for their condition, but they aren’t automatically bargains. Compare the asking price with recent sales of homes in similar condition, get quotes for the work you’d need to do, and factor in the extra risk you’re taking on. An “as is” home priced like a renovated one is overpriced. ### Can I get a mortgage and insurance on an “as is” home? Often, yes, but don’t assume it. Lenders approve the property as well as you, and some won’t finance homes with major deficiencies, oil tanks or unpermitted work. Some insurers won’t cover knob-and-tube wiring or former grow-ops. Keep financing and insurance subjects in your offer and talk to your lender and insurer early.