Legally, the courts have been evolving a more complete definition. Now most courts require the ''as is'' seller and real estate agent to tell the buyer about any known defects. If the buyer discovers a defect after the sale closes, and can prove the seller or agent knew about it but failed to disclose the problem before the sale, the buyer probably can get the seller or agent to pay repair costs through a lawsuit.
California court decision of Lingson vs. Savage (1969), which held that if a seller knows of material defects not readily apparent to a buyer and doesn't disclose those facts before the sale, the seller is liable for monetary damages.
Later cases in California ruled an ''as is'' property seller even must disclose facts beyond the property boundaries such as any governmental abatement notice affecting the parcel, the seller or real estate agent must disclose known defects even if the buyer doesn't ask, and the agent has a duty to inquire about suspicious circumstances such as a recently constructed retaining wall.
Disclose-Disclose-Disclose then