Selling a Home As Is in Utah (A-to-Z Guide)

When you sell a Utah house in ‘as is’ condition, that designation means the seller wants to walk away without doing any repairs or modifications to the property.

These sellers also don’t want to be forced by buyers to pay others to fix things in the house.

Utah doesn’t have an ‘as is’ condition clause on the sales contracts exactly as you might see in other states.

The state-approved contract, however, has a procedure to sell ‘as is’ that provides the same legal effect as the ‘as is’ clause on other states’ contracts.

Yes, you can sell a home ‘as is’ in Utah. The first step in selling ‘as is’ involves the sales contract.

The state-approved purchase contract has a section where the buyer can check a box stating the sale isn’t conditioned on the buyer’s due diligence.

Due diligence under the contract means the buyer will read the seller’s disclosure statement and have the option to conduct inspections to identify any conditions or problems with the house.

The buyer must pay for any of these services. The seller must agree to allow the buyer to do the inspections and tests. The buyer isn’t required to do this. It’s totally optional.

If the buyer isn’t satisfied with the results of the inspections they arranged, they have the right to simply walk away with their purchase deposit without any penalty.

Buyers must notify the seller in writing of the contract cancellation within the number of days specified in the sales agreement or the sales contract is void.

‘As is’ sellers must have the buyers check the box on the sales contract that says the property sale “is not conditional upon any appraisals or disclosures.”

Those steps allow you to legally sell ‘as is’ in the Beehive State.

The first step to explain what happens when you sell your house ‘as is’ in Utah is filling out the property disclosure. And it’s an important step.

Let’s look at the disclosures in detail since they’re legal requirements.

A Utah disclosure form is a legal document that asks you to share what you know about your house with potential buyers.

You must legally disclose anything that can’t be discovered “by a reasonable inspection by an ordinary prudent buyer.” That’s the disclosure law wording.

You must allow potential buyers to access the house to do a reasonable inspection — at their own cost.

Utah’s Division of Real Estate, under the Department of Commerce, developed a state-approved disclosure for lead paint. Sellers must complete it and present it to buyers.

This document requires the seller to identify any lead paint hazards and provide paint records. Buyers have 10 days to do their own inspections of possible paint hazards in your sale house.

The US government’s Title X also requires Utah sellers to disclose the presence of lead paint. Most houses constructed before 1978 have lead-based paint that needs to be disclosed.

Sellers need to fill out this disclosure by identifying locations of lead paint in the house. They must keep this paint disclosure for not less than three years from the date of the property sale.

The seller, or the seller’s real estate agent, also needs to give the buyers a copy of the federal pamphlet explaining the risks of lead paint in a home.

After you complete the paint disclosure, there’s more disclosing to do if your sale involves real estate agents.

Members of the Utah Association of Realtors, a state branch of the National Association of Realtors professional trade group, use a house disclosure form.

Sellers using the title “Realtor” must use this form. It’s been vetted by state health, legal, and real estate professionals to ensure property defects and risks are properly presented.

Utah Realtor disclosures don’t ask for information about a haunted house or a home with bed bugs, but they do cover the systems and typical conditions buyers find in homes on the market.

The disclosure asks if owners:

• are selling a house with sex offenders living near the property
• are selling a house in a flood zone
• have radon gas, asbestos, urea formaldehyde foam insulation, or radioactive or any other toxic materials in the property
• are selling a house with foundation issues, mold problems, or lead pipes
• have experienced septic problems
• are selling a house with unpermitted work
• have water damage, past termite damage or present infestations in the property

It’s recommended to disclose the presence of fracking (hydraulic fracturing) operations on the property, even though it’s not specifically asked about on the disclosure form.

The same is true for the presence of polybutylene pipes or fire damage. Disclose now so the buyers aren’t surprised later by the discovery.

The Utah statute of limitations for real estate contracts and disclosures runs 2-6 years. The specific time depends on the type of contract or disclosure.

You might have a large amount of items you don’t need and want to know if you can leave stuff behind when you sell your Utah house ‘as is.’ The answer is maybe.

Realtors use the association sales contract and that has a blank space where you can let the buyers know that you plan to leave stuff behind — but you need to identify that stuff on the contract.

If the buyers don’t want your things, they can refuse to sign the sales contract.

Another part of the sales contract has a space to itemize just what you’re leaving. If you have good stuff, the buyers may want to buy it!

There’s a separate contract addendum to buy a seller’s good stuff. Figure out your price!

The main question for ‘as is’ sellers to consider is, “Should you sell your Utah house ‘as is’ or fix it up?”

Comparing the advantages and disadvantages of selling as a fixer or repairing and replacing defective elements in your house can help you make up your mind.

Pros of Selling Your House As Is

Why sell a Utah house ‘as is’? Advantages include:

• ‘As is’ sales can help you sell your house fast in Utah.

• There’s no need to take time to search for repair people or do the repairs yourself. You also don’t need to oversee any repair workers.

• ‘As is’ buyers sometimes skip the Utah real estate inspector crews when the house is listed ‘as is’ and your disclosure is detailed. That saves transaction time in waiting for inspections to happen.

• You’ll also avoid the wait time required to do the repairs requested by buyers after an inspection when you both agree to eliminate a property inspection.

• Many ‘as is’ buyers in Utah will even accept the stuff you leave.

• If you sell to a Utah cash property buyer, you can skip the trial of neighbors touring your house during open houses.

Cons of Selling Your House As Is

• Your selling price will be lower. Buyers, including investors, will deduct the cost of repairs from the sales offer. It helps to know the other seller closing costs to evaluate these lower offers.

• Your buying pool is limited. Only a fraction of buyers choose to buy fixers. Most end up with fixers as a last resort because they’re shopping for a specific neighborhood or housing type and the fixer is the only thing listed.

Before we get into the details of the selling options open to you, we need to review the basic sales procedures in the Beehive State.

What happens when you sell your house ‘as is’ in Utah? Selling an ‘as is’ house is pretty much the same as selling a turnkey house that’s move-in ready.

The process looks like this:

1. Listing: The seller lists the house for sale, making the statements that the house is sold ‘as is’ without any warranties. This step also requires the disclosure with the ‘as is’ notations.
2. Marketing: This step promotes the listing via advertising.
3. Sale: This requires a written sales contract with an offer and earnest money. That’s cash to hold the house exclusively for the buyer until closing.
4. Escrow and title: Property title search studies the chain of home ownership and discovers any problems with it. Escrow services wrangle the paperwork and the money. Both of these services charge fees.
5. Closing: Seller and buyer sign the final paperwork, and the keys are turned over to the new buyer.

That’s it, but there are some major steps to complete before any house keys exchange hands. And you have an important decision to make right out of the gate.

Let’s now explore the options you have.

How to Sell a House As Is, Fast and For Cash Directly to an Investor

Who Are Cash House Buyers?

Cash house buyers are investors or groups of investors with cash (or quick access to cash). They look for investment property in Utah, and some concentrate their purchases in buying rentals.

Property investors in Utah look for people who prioritize timing and convenience over the amount of proceeds for selling their property. Most often, those people are:

• selling a home that needs work
• selling a home as part of a divorce home sale
• selling a house while in probate
• selling a house for job relocation
• selling a house with unpaid property taxes

If you face any of these situations, the next step in selling your Beehive State fixer may include some time to itemize the pros and cons of selling your home to an investor.

Cash house buyers typically work with an investor-friendly title company in Utah. These firms know the ins and outs of this type of house transaction.

Pros of Selling Your House As Is Directly to an Investor

• When you sell your house for cash, it’s usually a speedy sale. Investors want to move fast.

• Investors typically bring cash offers. This eliminates the requirements of a formal appraisal, mortgage approval, and loan underwriting. Investors also generally skip the home inspections.

• When you aren’t using a real estate agent, you won’t need to pay a commission when the investor also skips professional representation.

• Investors typically pay all closing costs. That saves a considerable amount for the seller.

Cons of Selling Your House As Is Directly to an Investor

• Investors are businesses and they want to make a profit from the sale. Your offer from an investor will be under the market value. That deduction, however, might be offset by what you’d spend on repairs and maintenance while waiting for a traditional non-investment buyer.

• Unless you bring your own agent, working solo with an investor leaves you without professional representation to protect your best interests. Your only fiduciary is you.

Finding the Best Cash House Buying Company

This part is easy. Take some time to explore the internet by using these search terms. Be sure to use a location near the sale house for the best results:

• we buy houses in Salt Lake City UT
• cash house buyers in Salt Lake City UT
• iBuyers in Salt Lake City UT
• sell my house fast Salt Lake City UT
• sell my house for cash Salt Lake City UT

How to Choose an Ethical Investor?

Before you request a cash offer on your home, you have to investigate your investment buyer or company. There are a number of places to check before you accept an offer.

• Start with a business license search. Investors need licensing in Utah.

• Check the Better Business Bureau for complaints. Look to see they’ve been resolved to the seller’s satisfaction.

• Call the Utah Division of Real Estate in the Department of Commerce to determine if your investor is legit — and doesn’t have any complaints filed there.

• Read reviews on social media and internet consumer websites. Too many negative comments there mean potential trouble.

Make sure the investment company has at least three years in operation. Also, ask for a list of satisfied clients and vet those to make sure they’re legitimate.

How to Sell a House As Is by Listing It by Owner

When listing as an FSBO, or “For Sale by Owner”, you have the freedom to sell your home without a real estate agent.

It’s all about being hands-on — you’re in charge of everything from pricing to marketing, negotiating deals, and showing potential buyers around. While it can be more work, skipping the agent’s commission fees can save you a good chunk of money.

One important step in selling a house in Utah through FSBO is to find the fair market value of your home. This helps you price your property competitively while ensuring you get what it’s truly worth.

You can research similar homes in your area, use online valuation tools, or consult an appraiser to determine this. Knowing your home’s value gives you the confidence to set a price that works for both you and potential buyers.

Where Can You List a House For Sale by Owner?

• You can use the internet to find websites to advertise ‘for sale by owner’. Many of them are free.

• A yard sign lets people passing by know your house is for sale. It’s low tech, but sometimes it works, particularly in a hot market.

• Use limited services of a real estate agent who will add your house to the local MLS at a fee. This way, your property will become available to all local buyers’ agents serving your area.

• Upload a video of your house on internet platforms like YouTube and embed it in your listings on various websites.

Pros of Selling Your House by Listing It by Owner

• Your closing costs when selling a home by owner are lower because you won’t have agent commission on your side of the sale. If you sell to an investor also without an agent on their buying side, then you’ll also avoid the buyer’s agent commissions.

• You are the sales wrangler. You can move as fast or as slow as you want in all aspects of the sale.

• As a listing owner, you can market to both investors and non-investors. This allows you to appeal to all buyer pools to get the highest price for your property.

Cons of Selling Your House by Listing It by Owner

• You don’t have a trained professional to represent you. You may not know how to protect your best interests.

• In most cases, your buyers will have an agent to represent them. That means you’ll still pay a bill for their agent’s commission.

• Most buyers you find yourself need financing. You won’t avoid the delay in getting loan approval and underwriting.

• You aren’t trained in real estate law, marketing, or contract law. If you make a mistake, you may end up blowing the sale. Worse, you may end up in court.

Who Are Real Estate Agents?

A real estate agent is your representative in a sales transaction. They have a fiduciary responsibility to represent your best interests.

Finding buyers and negotiating with them to get you the best offer, as well as overseeing the legalities of the transaction, are an agent’s main goals when serving you.

Real estate agents in Utah are licensed by the state. They take required education and coursework. Make sure to verify the agent’s license when hiring them.

Pros of Selling Your House As Is with a Real Estate Agent

• Realtors have access to a comprehensive marketing tool that can compare prior sales, details of those sales, and the condition of the sale properties. This allows them to price your house competitively to bring you the highest sale price.

• A professional agent has a fiduciary responsibility to you. They make your best interests a priority.

Cons of Selling Your House As Is with a Real Estate Agent

• It helps to know how much it costs to sell a house with a Realtor. Agents on the selling and listing side typically split 5-6% of the sales price as their commissions. That eats up a large portion of your sales take. Knowing the estimated closing costs for sellers allows you to figure out if there’s wiggle room in the deal to also pay a commission to an agent.

• Agent listings generally aren’t the fastest selling route since traditional sales work with buyers who need mortgages. Lending usually takes weeks to complete the application, housing appraisal, loan approval, and then the actual loan underwriting.

• Unless you select a high-powered agent who actively promotes your house, you may sit waiting for buyers for some time in a slow market.

How to Choose an Ethical Real Estate Agent?

Your neighborhood has a number of real estate agents serving it, and you have a wide variety of options. Your house is an important asset, so you’ll want to carefully vet professional agents.

How do you find a quality agent? Start with asking your family and friends for recommendations. They can give you first-hand information about an ethical professional.

Investigate the agent’s education and experience. An agent with advanced training and credentials may be a good choice, particularly one with certifications in marketing.

Fixers typically require more promotion compared with turnkey properties.

Research Better Business Bureau (BBB) and the Utah State Division of Real Estate to determine if your potential agent has complaints filed against a license or legal problems with performance.

Members of the Utah Association of Realtors adhere to a Code of Ethics that regulates professional conduct. The UAR keeps tabs on the agents to make sure they follow this code.

This agency also has a conduit for consumers to file a complaint against a member who has violated the Code of Ethics. This must be filed within 180 days of the violation.

Check the Utah Association of Realtors for any violations of this code by your prospective agent.

This guide has covered the disclosures, ways to sell your ‘as is’ house, and the pros and cons for each approach. We’ve also reviewed some tips to evaluate those selling avenues.

The only thing left to do is to select one and sell!