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Selling a House As-Is in Florida: What You Still Owe the Buyer

Updated October 12, 2026

When you sell a house as-is in Florida, you do not have to make repairs, but you still have to tell the buyer about known problems that affect the home's value and that the buyer cannot easily see. That duty comes from the Florida Supreme Court's 1985 decision in Johnson v. Davis, and an as-is clause does not waive it. As-is also does not stop the buyer from inspecting the house and, in the standard Florida as-is contract, cancelling during the inspection period. A cash as-is sale removes that last uncertainty because the buyer has already priced the house as it stands.

What does "as-is" mean in a Florida home sale?

It means the buyer takes the house in its present condition and the seller is not obliged to repair anything. Under the Florida Realtors and Florida Bar "As Is" residential contract, the seller does not have to make repairs unless they agree in writing to do so. The buyer can still ask for repairs or a credit, and many sellers negotiate on reasonable issues, but the buyer cannot demand them.

The term describes who bears the cost of repairs. It says nothing about what the seller knows and must say, which is a separate legal rule.

What do you still owe the buyer when selling as-is?

Disclosure. Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a seller who knows of facts that materially affect the value of the home, and that are not readily observable or known to the buyer, must disclose them. Florida courts have held that an as-is clause does not remove that duty (Solorzano v. First Union Mortgage Corp., 896 So. 2d 847 (Fla. 4th DCA 2005)). A roof you have patched after repeated leaks falls inside the rule; a cracked driveway the buyer can see does not.

Specific statutory notices apply on top, including the flood disclosure under F.S. 689.302 and the code enforcement disclosures under F.S. 162.06(5). We cover each of them in our guide to the [Florida seller disclosure law](/blog/florida-seller-disclosure-law-what-you-must-disclose). Put what you know in writing, before the buyer signs, and keep a copy.

Can the buyer still cancel a Florida as-is contract?

Yes, inside the inspection period. In the FR/BAR As Is contract the buyer can inspect the property and cancel, for any reason, by giving written notice before the period ends. The period is negotiable and often defaults to about 15 days (Barnes Walker, "Understanding Florida's As-Is Residential Contract", read 2026-10-12); check the contract in front of you. A timely cancellation generally returns the deposit. Missing the deadline usually ends the buyer's right to walk away over what the inspection found.

That is the part sellers misread. As-is protects you from a repair list. It does not stop a buyer from leaving after the inspection, and a house with visible damage is exactly where that happens.

How does an as-is listing compare with an as-is cash sale?

On a listing, you price the house, wait for showings, accept an offer, and then the buyer's financing, appraisal and inspection all have to hold. Each one can reopen the price or end the contract. The buyer's lender may also refuse a house with certain defects, so the pool of buyers who can close is smaller than the pool who want to look.

In a cash sale to a direct buyer, we inspect the house or take your photos, make one written offer within 24 hours, and the price already accounts for the condition. There is no lender and no appraisal, and the only contingency is a title search. We can close in as little as 7 days, with no agent commission and no fees. The disclosure duty is the same in both routes, so list the same problems either way.

Repair first or sell as-is? A worked example

Say a house would sell for $400,000 in good repair and needs $40,000 of work. Repairing it means paying $40,000 up front, carrying the mortgage, taxes and insurance for the weeks the work takes, and then listing, with an agent commission on top. Selling as-is to a cash buyer means accepting a lower price, since the buyer takes on the repair and the carrying risk, but you pay nothing for repairs and do not wait. The numbers are illustrative: get a contractor's estimate and a written cash offer, and compare what you would net after every line.

If the house has a lien, a code case or a tenant, those affect the comparison too. See our pages on [ugly houses](/sell-house/ugly-house), [old houses](/sell-house/old-house) and [code violations](/sell-house/code-violations).

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Frequently Asked Questions

Do I have to disclose problems if I sell my Florida house as-is?

Yes. An as-is clause does not waive your duty to disclose known facts that materially affect the home's value and that the buyer cannot readily observe. It only means you do not have to repair what the inspection finds.

Can a buyer back out of an as-is contract in Florida?

In the standard FR/BAR As Is contract, yes: the buyer can cancel by written notice during the inspection period. The period is negotiable and often defaults to about 15 days. After it ends, the buyer generally loses that right.

Can a buyer ask for repairs on an as-is house?

They can ask for repairs or a credit, but you do not have to agree. As-is means you are not obliged to make repairs unless you agree to them in writing.

Is selling as-is cheaper than repairing first?

It depends on the repair bill and the discount. Compare a contractor's estimate plus carrying costs and commission against a written cash offer, and look at the net amount from each.

Does a cash buyer need an inspection?

A cash buyer may look at the house or use your photos, then price the condition into one written offer. There is no lender-required appraisal, so the offer does not get reopened by one.