Selling a house as-is in Florida: what it really means

Frequently Asked Questions

What does selling as-is actually mean?

That you are not agreeing to make repairs as a condition of sale, and the property transfers in its current condition. It does not remove your disclosure duty, does not prevent inspection, and under the standard as-is contract does not stop the buyer cancelling within their inspection period.

Do I still have to disclose defects if I sell as-is?

Yes. The Johnson v. Davis duty applies exactly as in any residential sale, so known material defects that are not readily observable must still be disclosed. The statutory flood disclosure also applies. As-is is not a substitute for either.

Can the buyer still inspect?

Yes, and they usually inspect as-is properties more thoroughly than others, because they are deciding whether to proceed rather than what to ask you to repair. The standard as-is contract gives them an inspection period and a right to cancel within it.

Can they ask for a price reduction after inspection?

They can ask, and you do not have to agree. Sometimes the right answer is to decline and let them cancel. Knowing in advance what an inspection is likely to find is what lets you make that call calmly rather than reactively.

How much less will I get?

Buyers price the cost of the work plus a margin for their own risk, time and effort, so the discount usually exceeds the bare repair cost. Where the condition also affects insurability, the pool narrows toward cash and the discount deepens further.

Is as-is the right choice for me?

It suits estates, out of state owners, rentals and properties needing more work than you want to fund. It is usually the wrong choice when small cheap work would substantially widen the buyer pool. Run both versions on a net sheet rather than choosing by temperament.

Will as-is put buyers off?

It changes who your buyers are rather than removing them. Investors and cash purchasers actively look for these properties. Presented honestly and priced correctly, an as-is listing often attracts more genuine interest than one that is vague about its condition.

Does as-is help if my roof is uninsurable?

Not really. As-is addresses repairs, not insurability. A buyer who cannot obtain a policy cannot obtain a mortgage, whatever the contract says about repairs. That is a buyer pool problem rather than a repair obligation problem, and it needs pricing rather than labelling.

Should I get an inspection before listing as-is?

On an older property it is usually worth it, because it converts unknowns into a list you can price around. It also lets you answer buyer questions immediately and removes the leverage a surprise finding would otherwise hand the other side.

Can I refuse all repair requests?

Under an as-is contract you are not obliged to make repairs, so yes. The practical question is whether refusing costs you the buyer and whether the next one will find the same thing. That is a negotiation judgement rather than a contractual one.

Does as-is affect how I should photograph the property?

It affects how honestly, not how carefully. Photograph it well but accurately, because flattering images of a property in poor condition produce showings followed by disappointment. That wastes the showings and damages your credibility with the buyers most likely to purchase.

Can I sell as-is and still make some repairs?

Yes. Nothing stops you doing work before listing and then selling as-is, and many sellers fix the one or two items that affect insurability while declining everything cosmetic. As-is describes your position from contract onwards rather than the property's history.