Can I sell as-is?

Q. I'm selling my house and know I have some "issues," like a deck with no permit and a finished basement. I read your column about getting permits, and I'm wondering: If I have a buyer who doesn't care and wants to close without permits, does anybody else have to know? And if they do want permits, can I make them take the house as-is and get permits themselves, after we close? Also, do I have to tell the buyer about asbestos or lead?

A. In a buyer-beware state, banks want clear titles because they're actually the owner of the property if they loan money to the buyer. Due to the economy, a bank's risk that a buyer may later become unable to pay has increased. I often see problems with open "issues" while searching records to file for other work.

Many jurisdictions want some form of record search or disclosure that the owner has filed for every built or modified part of their building. Current owners pay for the sins of past owners, and you, apparently, want to pass problems on to the next party.

Aside from any moral dilemma, since it is deceptive to mislead a buyer into thinking the problems are no big deal, there are legal implications that need to be explored with your attorney. Not disclosing issues of lead, asbestos or toxins is fraudulent, with later legal implications that take time, cost a lot and may have made it worth remedying the problems before selling.

Real estate attorneys are pretty savvy about the issues. I consult with attorneys about code compliance and check property conditions for buyers. With that information, the attorneys will question the seller's proper disclosure and use language in a contract to cover the seller's potential to commit fraud. Also, in planning for additions and renovations, I also see overlooked conditions from doing the required property searches and have to let the new owner in on what was missed before closing.