Key Takeaways
- As-is is about repairs, not paperwork. The buyer takes the house in its current condition, but in most Maine home sales you still owe the buyer a written property disclosure statement.
- Maine's disclosure law covers homes with one to four units (33 M.R.S. §§171–177). A short list of transfers is exempt, including sales by a fiduciary administering an estate.
- "I don't know" is an allowed answer. You don't have to investigate, but you must disclose defects you actually know about.
- Give the disclosure before the buyer makes an offer. If it arrives later, the buyer gets 72 hours to back out.
"Sell house as is" is one of the most common things Bangor-area homeowners search for when a house needs more work than they want to take on. You'll see plenty of ads that promise no repairs, no cleaning and sometimes no paperwork. The first two can be true. The third usually isn't, at least not in Maine. This guide explains what an as-is sale actually changes, what Maine law still requires, and how to decide whether listing as-is or selling to a direct buyer makes more sense for you.
What "As-Is" Means (and What It Doesn't)
When you sell a house as-is, you're telling buyers you won't make repairs or give credits for the condition of the house. The buyer can still inspect, but they agree to take the property the way it is, or walk away.
- It does mean: no repair requests after the inspection, no fixing the roof or furnace to get to closing, and often (if you agree in writing) leaving belongings behind.
- It doesn't mean: skipping Maine's seller disclosure, hiding problems you know about, or skipping the title work and closing that every sale needs.
As-is sales are common for houses that need a new roof or heating system, wet basements, older oil tanks, estates full of belongings, and long-vacant or tired rental properties.
Maine's Seller Disclosure Law Still Applies
Maine's residential property disclosure rules are in Title 33, sections 171 to 177 of the Maine Revised Statutes. They apply to transfers of "residential real property," which the law defines as real estate with one to four residential dwelling units (33 M.R.S. §171). Unless your sale is exempt, the seller must give the buyer a written property disclosure statement that covers (33 M.R.S. §173):
- Water supply: the type of system. For a private well, also its location, any malfunctions, the date of the most recent water test, and any unsatisfactory test results.
- Heating: the type and age of each system or source, who services it, the last service call, annual fuel consumption, malfunctions in the past two years, and the last chimney and vent inspection.
- Waste disposal: the type of system. For a private septic system, also the tank and leach field details, install dates, malfunctions, last servicing and who services it.
- Hazardous materials: the presence or prior removal of asbestos, lead-based paint (pre-1978 homes), radon, underground oil storage tanks and methamphetamine.
- Known defects: conditions you know about that significantly hurt the value, health or safety, or the expected life of the house.
- Access: whether the property is reached by a public way, and if not, who maintains the access (for example, a road association).
- Flood hazard: whether the property is in a FEMA-mapped special flood hazard area, its flood zone and the map panel, plus any flood events, flood damage, flood insurance claims or flood-recovery aid while you owned it.
- Shoreland zoning: any violation notices, enforcement actions, litigation, judgments or settlements under a shoreland zoning ordinance.
Sellers must also give the buyer the state's information sheet on arsenic in private water supplies and treated wood (33 M.R.S. §173-A). For homes built before 1978, federal lead-based paint disclosure rules apply as well.
Which Sales Are Exempt?
The disclosure statement isn't required for the transfers listed in 33 M.R.S. §172. The ones Bangor-area sellers most often ask about:
- Transfers under a court order, including court-ordered transfers in an estate, and foreclosure sales
- Transfers by a fiduciary (for example, a personal representative or trustee) while administering an estate, guardianship, conservatorship or trust
- Transfers from one co-owner to another, and transfers to a spouse or a lineal relative (children, grandchildren, parents) of an owner
- Transfers between spouses under a divorce judgment or a related property settlement
- Transfers to or from a government entity, and transfers into a living trust
If none of these fit, plan on completing a disclosure, even for an as-is sale. Selling an inherited house? Our inherited house guide covers who can sign and when the fiduciary exemption may apply.
When You Don't Know the Answer
Many as-is houses come with unknowns. That's normal, especially with an inherited or long-vacant property. Maine law lets you answer "unknown" for information you don't have, doesn't require you to investigate, and says the disclosure is not a warranty (33 M.R.S. §176). Two cautions:
- Disclose defects you do know about. "As-is" doesn't protect hiding a problem you're aware of.
- If you learn something new before closing that makes your disclosure wrong or incomplete, Maine law requires a written supplement (33 M.R.S. §175).
Timing: Before the Offer
The disclosure statement must reach the buyer no later than when they make an offer. If it's delivered after the offer, the buyer can withdraw or end the contract within 72 hours of receiving it, without penalty, and gets their deposit back (33 M.R.S. §174). Getting it done early keeps an as-is deal from coming apart late.
A Quick Prep Checklist for an As-Is Sale
None of these require repairs. They just make the disclosure and the offers go faster:
- Heating service records and a year of fuel bills (for the annual consumption question)
- Septic pumping or inspection records, and any well water test results
- Any radon test results, and records of oil tank removal or replacement
- The property's flood zone from FEMA's Flood Map Service Center (msc.fema.gov)
- A short, honest list of known problems: roof leaks, wet basement, electrical or plumbing issues
- For an estate: who has authority to sign (personal representative, trustee or heirs)
Your As-Is Options in Bangor
There are two common ways to sell a house as-is around Bangor and Brewer:
- List it as-is with an agent. Buyers see the house on the open market, which can bring a higher price if the house can attract financed buyers and you can wait for showings. You'll pay a commission, and buyers' lenders may object to serious condition problems.
- Sell directly to a cash buyer. No showings, no commission, and no waiting on a buyer's mortgage. The price reflects the work the buyer is taking on. Ask who the actual buyer is, and get the offer and any closing costs in writing.
Compare the net result of each, not the headline number. Our cash offer vs. listing comparison walks through the math, and how cash home buyers work lists the questions to ask any buyer.
How Canuck Investments Handles As-Is Purchases
Canuck Investments LLC is a Bangor company owned by Philip Henry. Since 2009 we have owned and managed apartments and houses in Bangor, Brewer and Orono, so we're used to buying houses that need work. When we buy a house, we buy it for our own account and as-is. You don't need to repair, clean out or stage it, and there's no real estate commission on a direct sale to us. A local closing attorney or title company handles the closing, and you choose the closing date. The same Maine disclosure rules apply when you sell to us, so tell us what you know about the house up front, and say so where you don't know.
For a no-obligation offer on a house in Bangor, Brewer or nearby Penobscot County towns, start at sell your home for cash in Bangor or call 207-922-3120. Please read our licensee disclosure.
Selling As-Is in Maine: FAQ
Do I have to fill out a property disclosure if I sell my house as-is in Maine?
Usually, yes. Selling as-is means the buyer takes the house in its current condition, but Maine's residential disclosure law (33 M.R.S. §173) still requires a written property disclosure statement for most sales of homes with one to four units. The exemptions are specific transfers listed in 33 M.R.S. §172, such as court-ordered sales, sales by a fiduciary administering an estate or trust, foreclosures, and transfers between co-owners or to a spouse or close family member.
What if I don't know the answer to a disclosure question?
You can say so. Under 33 M.R.S. §176, if an item is unknown or unavailable to you when the disclosure is due, you comply by telling the buyer it is unknown. You are not required to investigate or inspect to fill in the form, and the statement is not a warranty. You should still disclose defects you actually know about.
When does the disclosure have to be given to the buyer?
No later than when the buyer makes an offer (33 M.R.S. §174). If the buyer receives it after making an offer, the buyer may withdraw the offer or end the contract within 72 hours of receiving it, without penalty, and any deposit must be returned.
Do I need a disclosure to sell an inherited house as-is?
It depends on who is selling. A sale by a personal representative or other fiduciary in the course of administering an estate is on the exemption list in 33 M.R.S. §172. If the house has already passed to heirs and they sell it themselves, the exemption may not apply. Ask the estate's attorney before you sign anything.
Does Canuck Investments buy houses as-is in Bangor and Brewer?
Yes. Canuck Investments buys houses directly, as-is, in Bangor, Brewer, Orono and nearby Penobscot County towns. There is no real estate commission on a direct sale to us, and a local closing attorney or title company handles the closing.
Sources: Maine Revised Statutes, Title 33, §171, §172, §173, §173-A, §174, §175, §176; Maine Attorney General, Buying a Home. This guide is general information, not legal advice. Talk with a Maine real estate attorney about your situation.
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