What is an As-Is Real Estate Contract in Florida?

If you’re buying or selling property in Florida, there’s a good chance you’ll come across an as-is real estate contract. It’s one of the most commonly used purchase agreements in the state, and it’s approved by both the Florida Association of Realtors (FAR) and The Florida Bar.

But “as-is” doesn’t mean what most people think it means. Buyers often assume the property must be in bad shape. Sellers sometimes believe it means they don’t have to disclose anything. Both assumptions are wrong.

How an As-Is Contract Works in Florida Real Estate

An as-is real estate contract in Florida means the seller is offering the property in its current condition. The seller is not obligated to make repairs before closing, regardless of what a home inspection turns up.

The FAR/BAR “As-Is” Residential Contract for Sale and Purchase is the standard form used in most Florida residential transactions. It’s different from the “Standard” FAR/BAR contract, which requires the seller to make certain repairs up to an agreed-upon dollar amount.

Under the as-is version, the key distinction is simple: the seller sells in the property’s present condition, and the buyer accepts that condition or walks away during the inspection period.

That said, as-is contracts are used for all kinds of properties, not just fixer-uppers. Many move-in-ready homes in Florida are sold under as-is contracts because sellers prefer a cleaner, faster transaction without the back-and-forth of repair negotiations.

Buyers Still Get an Inspection Period

One of the biggest misconceptions about as-is contracts is that buyers can’t get the property inspected. That’s not true.

Under the FAR/BAR “As-Is” Contract, buyers have an inspection period, typically 15 calendar days from the contract’s effective date (but negotiable and controlled by the terms of the contract), to conduct any inspections they choose. During that window, the buyer can:

• Hire a licensed home inspector to evaluate the property’s condition
• Order specialized inspections (roof, mold, termite, septic, etc.)
• Review public records, permits, and HOA documents
• Cancel the contract for any reason, at the buyer’s sole discretion, and receive a full deposit refund

This last point is critical. The as-is contract gives the buyer a strong right to walk away during the inspection period. The contract language states the buyer may terminate in their “sole discretion,” meaning the buyer doesn’t need to justify the decision.

However, once that inspection period expires, the buyer generally forfeits the right to cancel based on the property’s condition. Timelines matter, and missing the deadline can mean losing your deposit.

Sellers Must Still Disclose Known Defects

“As-is” does not mean “no disclosure.” Under Florida law, sellers are still required to disclose known material defects that affect the property’s value and are not readily observable by the buyer.

The FAR/BAR “As-Is” Contract includes standard disclosure language: the seller confirms they know of no facts materially affecting the value of the property that aren’t readily observable and haven’t already been disclosed to the buyer.

This means sellers must disclose issues like:

• Roof leaks, plumbing failures, or electrical problems
• Structural damage or foundation issues
• Past or ongoing insurance claims or legal disputes involving the property
• Known environmental hazards like mold or sinkholes
• Outstanding permit issues

If a seller fails to disclose a known defect and the buyer discovers it after closing, the buyer may have legal recourse to seek compensation. Selling as-is doesn’t give anyone a free pass to hide problems.

As-Is Contract vs. Standard FAR/BAR Contract

The main difference between the two FAR/BAR contracts comes down to repair obligations and what happens after the inspection.

With the Standard contract: the buyer has 15 days to inspect and notify the seller of defects. The seller then has 10 days to get repair estimates or arrange a second inspection.

If the two sides can’t agree, they mutually choose and split the cost of a third, binding inspection. The seller is obligated to make repairs up to a negotiated dollar cap for general repairs, wood-destroying organisms, and permit issues.

With the “As-Is” contract: the buyer can inspect, request repairs or credits, and negotiate, but the seller is under no obligation to agree.

If the seller says no, the buyer’s options are to accept the property as-is or cancel before the inspection period ends.

The as-is contract also includes a waiver provision (Paragraph 18) where the buyer waives the right to sue the seller or any involved realtor for defects or damage which were not readily observable and material, discovered after closing. This waiver is one reason buyers need to take the inspection period seriously.

Who Benefits From an As-Is Real Estate Contract?

As-is contracts work well in a range of situations, not just distressed property sales.

For sellers, an as-is contract can be a good fit when you want to avoid the cost and hassle of pre-sale repairs, need to close quickly (estate sales, relocations, financial hardship), or have inherited property and may not know its full condition.

For buyers, as-is purchases can mean a lower purchase price, the opportunity to invest in renovations on your own terms, and in competitive Florida markets, a stronger offer that doesn’t burden the seller with repair requests.

Either way, having a real estate attorney review the contract before you sign protects you from costly surprises.

What to Watch for Before Signing an As-Is Contract

Whether you’re the buyer or the seller, pay attention to these details:

• Inspection period length. The default is 15 calendar days, but this is negotiable. Sellers often push for shorter periods; buyers should make sure they have enough time to schedule and review inspections.
• Financing contingencies. If the buyer is getting a mortgage, the lender may require certain repairs before approving the loan. In an as-is sale, the seller isn’t required to make those repairs, which could jeopardize financing. Our real estate attorneys work regularly with lenders on issues related to compliance and due diligence.
• Title issues. The as-is clause covers the property’s physical condition, not its title. The seller must still deliver a clear, marketable title at closing. Our real estate attorneys are authorized to give legal advice, in addition to conducting a title search.
• Permit problems. Under the as-is contract, the seller is not required to pay to resolve outstanding permit issues. However, the seller must cooperate with the buyer’s efforts to address them.
• Deposit risk. If the buyer misses the inspection deadline and then tries to cancel, the deposit is at risk. Staying on top of contract deadlines is essential.

Protect Your Interests in a Florida Real Estate Transaction

As-is contracts are standard in Florida, but they still carry real risks for both sides. Buyers need to use the inspection period wisely and know exactly what they’re agreeing to. Sellers need to understand their disclosure obligations and make sure the contract reflects the terms they actually want.

At Vollrath Law, our Florida real estate attorneys help buyers and sellers in Central Florida review, negotiate, and close as-is transactions with confidence. Whether you’re buying your first home or selling an inherited property, we make sure the contract protects your interests from start to finish.

Contact Vollrath Law today to discuss your real estate transaction with an experienced Florida attorney.

This blog post is for informational purposes only and should not be construed as legal advice for any individual case or situation. Real estate transactions vary based on the specific circumstances of your case.