Waived Contingencies in Florida: What Sellers Should Know About Non-Contingent Offers

Waived contingencies in Florida can make an offer look like a sure thing. A buyer says they will skip the inspection, skip the loan contingency or skip the appraisal, and the deal seems locked. But each waiver shifts risk in a different way, and some are not as strong as they sound. This guide explains the main contingencies in Florida contracts, what it means when a buyer gives one up, and how a seller can judge whether a non-contingent offer is really the best one on the table.

Key takeaways

• Most Palm Beach County sales use the Florida Realtors/Florida Bar contract forms. The "AS IS" form gives the buyer an inspection period that defaults to 15 days if left blank.
• In a financed offer, the loan approval period defaults to 30 days. A cash offer checks the box for no financing, so there is no loan contingency at all.
• The core contract has no clause tying the price to the appraisal. A buyer adds that protection with a separate appraisal contingency rider.
• A waiver is only as good as the buyer's cash, proof of funds and deposit. Read the whole offer, not just the boxes that are checked.
• FHA loans carry an amendatory clause that lets the buyer walk if the value comes in low, no matter what the contract says.

What a contingency does in a Florida contract

A contingency is a condition that must be met before the buyer has to close. If it is not met, the buyer can usually cancel and get the deposit back. So every contingency is an exit door for the buyer and a source of doubt for the seller.

Most residential offers in Palm Beach County arrive on one of two forms. One is the Florida Realtors/Florida Bar standard contract. The other is the "AS IS" version. Both are written by a joint committee of the two groups, and the current version took effect on January 1, 2025. Because agents and attorneys across the state know the wording, it is easier to see what a buyer has kept and what they have given up. Our guide to what contingent means in real estate covers how these deals show up in listing status.

The inspection contingency and waived contingencies in Florida

Under the AS IS form, the seller does not have to make repairs. In return, the buyer gets an inspection period. During that window the buyer can cancel for any reason and get the deposit back. If the blank is left empty, the period is 15 days. Many sellers push for 7 to 10.

A buyer who "waives the inspection" usually does one of two things. They may set a very short inspection period, or they may still inspect for information only, with no right to cancel. The second version is the stronger one for a seller. Even so, the buyer may still ask for a credit. You just aren't bound to say yes.

Why buyers still inspect

Many buyers who give up the right to cancel still order an inspection. They want to know what they are buying, and their insurer may want a 4-point or wind mitigation report. That is normal. It doesn't mean the waiver is fake. However, you should know which kind of waiver is in the contract, so a surprise request doesn't catch you off guard.

Disclosure still applies

A waived inspection does not end your duty to disclose. Florida sellers must disclose known defects that materially affect value and are not easy for a buyer to see. That rule comes from the Florida Supreme Court's 1985 decision in Johnson v. Davis. So disclose what you know in writing, whatever the buyer waives.

Financing and waived contingencies in Florida

Paragraph 8 of both forms covers financing. A cash offer checks the box for no financing, which means there is no loan contingency. A financed offer names the loan type, the amount and the loan approval period. If that blank is empty, the period is 30 days. The buyer also has to apply for the loan within 5 days.

During the loan approval period, a buyer who can't get approval can usually cancel and get the deposit back. After it ends, that exit closes. So a buyer who "waives financing" while still using a loan is really saying they will close even if the loan falls through. That only works if they have the cash to back it up.

Cash offers versus waived financing

A true cash offer and a financed offer with a waived contingency are not the same. With cash, there is no lender, no appraisal requirement and no underwriting. With a waived financing contingency, a lender is still involved. If the loan fails, the buyer must find the money elsewhere or risk the deposit. As a result, ask for proof of funds that covers the full price, not just the down payment.

Appraisal terms and waived contingencies in Florida

The core Florida contract does not say the home must appraise at the price. Instead, the financing paragraph depends on the lender getting an appraisal that is good enough to make the loan. If the lender won't lend because of a low value, the buyer can usually cancel during the loan approval period.

Many buyers add a separate appraisal contingency rider. It lets them cancel if the value comes in under a number the parties pick, often the price. When a buyer leaves that rider out, or agrees to cover a gap, they are taking on more of the appraisal risk. For a seller, that can matter a lot in a market where prices have moved.

FHA and VA buyers

Loan programs have their own rules. Every FHA purchase needs the FHA amendatory clause. It says the buyer doesn't have to close or lose the deposit if the appraised value is less than the price. So an FHA buyer can't fully waive appraisal risk, even if they want to. VA has its own process, called Tidewater, that gives agents a short window to send sales data when a value looks low.

The home-sale contingency

Some buyers need to sell their current home before they can buy. In the Florida Realtors rider set, that condition sits in a sale of buyer's property rider. It adds real risk for a seller, because your deal now depends on a home you don't control.

A buyer who drops this rider is telling you they can close without selling first. Ask how. They may have cash, a bridge loan or enough income to carry two homes. If you do accept a home-sale contingency, a kick-out clause can let you keep marketing. Our guide to the kick-out clause in Florida explains how that rider works.

How to judge offers with waived contingencies in Florida

A non-contingent offer is not always the best one. A clean offer at a lower price may net you less than a contingent offer at a higher price that is likely to close. So weigh risk and money side by side. Here is a routine many sellers use with their agent.

1. Read the whole contract. Check every rider and the additional terms. A box left blank can mean a default applies.
2. Check proof of funds. For cash or waived financing, the proof should cover what the buyer must bring if the loan or value falls short.
3. Look at the deposit and its timing. A large deposit that becomes hard to recover after a short inspection period gives you more security.
4. Confirm the loan type. An FHA buyer keeps certain rights no matter what they waive.
5. Compare the net. Subtract credits, closing costs and any buyer's broker pay you agreed to. Then compare offers on what you keep.

If you have several offers, our guide to reviewing offers lays out a side-by-side approach.

Risks of waived contingencies in Florida for buyers

Sellers should understand the buyer's side too. A buyer who waives protections and then can't close may try hard to find another way out. That can lead to delays or disputes. In addition, a buyer who is stretched thin is more likely to run into trouble late in the deal.

For buyers, the risks are plain. Without an inspection exit, they may close on a home with costly problems. If they give up the financing exit, they may lose their deposit if the loan fails. And with no appraisal exit, they may need extra cash to cover a gap. So a buyer should only waive what they can truly afford to lose. A good buyer's agent will say the same.

Local market context for waived contingencies in Florida

How much a waiver is worth depends on the market. In August 2026, Palm Beach County single-family homes had a median price of $650,000 and went under contract in a median of 40 days, with 3.5 months of supply, according to Miami Realtors. Condos and townhomes had a median price of $300,000, took 69 days and had 6.7 months of supply.

In a slower segment, buyers have more choices and are less likely to give up protections. In a faster one, like some single-family areas in Boca Raton, a clean offer may stand out more. Ask your agent how offers in your price range and area have looked lately. You can also see local trends on our Boca Raton page.

Frequently asked questions

Are waived contingencies in Florida legally binding?

Yes, once both sides sign. The terms of the contract control. If a buyer gave up a right to cancel and then fails to close, the deposit may be at risk. A Florida real estate attorney can explain how that applies to a specific contract.

Can a buyer still inspect after waiving the inspection contingency?

Often, yes. Many buyers inspect for information only. They can't cancel based on the results, but they may still ask for a credit or a repair. The seller can say no.

Is a cash offer the same as a non-contingent offer?

Not quite. A cash offer has no loan contingency, but it may still include an inspection period or other riders. Read the full contract to see which exits remain.

Should I always pick the offer with the fewest contingencies?

No. Compare price, net proceeds, the buyer's proof of funds and the deposit. A slightly contingent offer with strong finances can be safer than a clean offer from a buyer who is stretched.

Can an FHA buyer waive the appraisal?

No. The FHA amendatory clause lets the buyer walk without losing the deposit if the value is below the price. They can choose to go ahead and pay the difference, but you can't require it.

Sources

• Florida Realtors, Form updates
• Florida Realtors/Florida Bar, AS IS Residential Contract for Sale and Purchase
• Florida Realtors, Financing contingency FAQs
• Florida Realtors, Optional clauses, riders and addenda
• Cornerstone Law, 2025 residential contract revisions
• Rocket Mortgage, FHA amendatory clause
• U.S. Department of Veterans Affairs, Circular 26-17-18
• Miami Realtors, Palm Beach County August 2026 market report

Weighing offers on your Palm Beach County home? We will read every rider with you and compare each offer on net and risk. Book a no-obligation listing consultation or check what your home is worth. Buying instead? Talk to a buyer's agent before you waive any protection.