An "as is" clause removes the contract provisions dealing with property condition — including the wood-destroying insect clause that would otherwise obligate the seller to furnish a clean report and to pay for treatment and repair. In Virginia this matters more than in most states, because state law already places the burden of discovery on the buyer.
This is general information, not legal advice. An "as is" provision must be an express term of the contract, and its effect depends on the exact wording used. Have your agent or attorney read your contract.
Why "as is" hits harder in Virginia
Most states impose an affirmative disclosure duty on home sellers. Virginia does not.
Virginia follows caveat emptor — let the buyer beware. Under the Virginia Residential Property Disclosure Act (Va. Code § 55.1-700 et seq.), the statement a seller delivers does not disclose defects. It states that the seller makes no representations about the property's condition and that inspections and due diligence are the buyer's responsibility.
Stack the two together and the picture is stark:
| Disclosure state | Virginia | |
|---|---|---|
| Seller must volunteer known defects | generally yes | no |
| Contract condition clauses | one protection among several | often the only written protection |
| Effect of deleting them "as is" | removes one layer | removes the layer that was doing the work |
A seller still may not lie outright or actively conceal a problem, and must answer direct questions honestly. But silence is permitted.
What the termite clause gives you, and what "as is" takes back
Under the standard Northern Virginia contract the seller must:
- furnish a written wood-destroying insect report at the seller's expense, dated no more than 90 days before settlement;
- have that report show the dwellings and garages free of visible evidence of live insects and free of visible damage;
- pay for treatment of live insects and for repair of damage identified in the report;
- provide written evidence of that work before settlement;
- provide access for the inspection.
An "as is" clause deletes the property-condition provisions, this one included. No report is owed. No treatment is owed. No repair is owed.
What "as is" does not take away
Two things survive, and they are worth knowing.
You may still inspect. An "as is" purchase does not prohibit an inspection. It changes what you can do with the result.
You may still have a contingency if you negotiated one. But its function narrows: with an "as is" clause you generally cannot demand repairs or a price adjustment based on what the inspection finds. You either exercise the contingency and terminate, or you accept the property in its current condition.
That is the whole difference in one sentence: an inspection under "as is" is an exit decision, not a bargaining position.
What this means in practice for termites
Wood-destroying insect damage is a bad fit for "as is" purchases for one specific reason: the damage that matters is the damage you cannot see.
Surface damage is negotiable when you can price it. Termite damage sits inside sill plates, rim joists, and subfloor — precisely the areas an inspector reports as inaccessible when a basement is finished or a crawl space is sealed.
So the buyer takes on an unpriced risk. Not "the roof is old and I know it is old", but "there may be structural damage I could not see and no one was obligated to look for."
The single most useful step
Order your own wood-destroying insect inspection, pay for it yourself, and do it inside your contingency period.
It costs roughly $65 to $200 in Virginia. Against a structural repair that starts around $2,000 and rises with scope, that is the cheapest information in the transaction.
And ask the inspector one specific thing: what could you not reach, and what would it take to reach it. Under a normal contract an inaccessible area is a gap in the seller's obligation. Under "as is" it is a gap in your knowledge, and you are the only one who can close it.
Where you stand, by role
If you are buying "as is"
Nobody is obligated to look, to report, or to fix.
Your action: commission your own inspection within the contingency period, and specifically arrange access to the crawl space, the sill plates, and any finished area adjoining the foundation. If access cannot be arranged, price that uncertainty into your decision rather than assuming the best.
If you are selling "as is"
You have removed the obligation, not the exposure. Caveat emptor permits silence; it does not permit active concealment or a false answer to a direct question.
Your action: if you know of past infestation or damage and are asked, answer accurately. Consider whether a pre-listing inspection is worth it — a known, disclosed, and priced problem usually costs less than one discovered by a buyer's inspector mid-transaction.
If you are the buyer's agent
The client may not grasp that "as is" plus caveat emptor leaves almost nothing behind.
Your action: make sure the client understands that the inspection is an exit decision, not a repair negotiation, and that the contingency period is the entire window in which the decision can be made.
If you already closed "as is" and found damage
The contract clause is gone and the statute gave you no disclosure right. What remains is narrow: whether someone lied when asked, or actively concealed the condition.
Your action: speak with a real estate attorney about the specific facts. This is not a pest control question.
Before you call: what costs what
An inspection and a treatment are two separate services with separate prices, and conflating them is the most common way people end up surprised by a bill.
| Typical Virginia range | What it produces | |
|---|---|---|
| Wood-destroying insect inspection and report | $65–$200 | the NPMA-33 form |
| General pest inspection | often free where the company expects to quote treatment | a verbal or written assessment |
| Termite treatment | $500–$2,000; more where damage is extensive | a treatment record |
| Structural repair | quoted by a contractor, frequently the largest of the three | an invoice, not a pest control document |
What is usually free: a quote for treatment, once a company has seen the problem.
What is usually not: the inspection report used in a real estate transaction, and any visit that produces a document rather than a price.
Ask which applies before you book. A company quoting one figure covering both inspection and treatment is not quoting what a sales contract or a lender requires.
Common misunderstandings
"As is means I cannot inspect." You can inspect. You cannot use the result to demand repairs.
"As is means the seller can hide things." A seller may not actively conceal or lie in response to a direct question. Silence is permitted; deception is not.
"The disclosure statement will tell me about termites." In Virginia the statement tells you the seller makes no representations and that inspection is your job.
"As is only applies to appliances and systems." It negates seller warranties on condition generally, including the wood-destroying insect provisions.
"The bank will catch it." A loan program may require a report — but if your purchase does not involve such a program, nobody is looking.
"I can renegotiate if the inspection is bad." Under "as is" you generally cannot. You terminate or you proceed.
What to ask before you buy "as is"
- What areas of this house cannot be inspected, and what would gaining access require?
- Is there visible evidence of past treatment — drill holes in slab or foundation, bait stations, old mud tubes?
- Are there conducive conditions I should price in: wood-to-soil contact, drainage, moisture, debris under the structure?
- If damage is present, is it active, old, or both?
- What would treatment cost, and what would repair cost, as separate numbers?
- Under what name is your Virginia license held?
What to have ready before you call
Property address, year built, foundation type, your contingency deadline, whether the seller has provided any prior report, and whether you can arrange access to the crawl space or basement before the deadline.
Frequently asked questions
Is "as is" common in Virginia? It appears regularly, especially with estate sales, investor purchases, and distressed properties. It must be an express term of the contract.
Can I still get a loan on an "as is" purchase? Usually, though the loan program may impose its own inspection requirements regardless of the contract.
Does "as is" change what the seller must disclose? It does not enlarge or reduce the statutory position. Virginia's default is already that the seller makes no representations.
Can I ask the seller directly about termites? Yes, and an answer must be truthful. Ask in writing.
Is a past infestation a reason to walk away? Not by itself. A treated colony with repaired damage and a maintained bond can be a better position than a house nobody ever inspected.
Verify before you pay anyone
VDACS publishes an updated list of licensed pesticide businesses weekly, with a public lookup for confirming an active Pesticide Business License. Wood-destroying pest control is category 7b under 2VAC5-685-70.
Ask which name the license is held under — trade names often differ from the licensed entity.
VPMA maintains a directory of inspectors holding its voluntary WDI certification.