Florida As-is Contract: Template & Definition

A Florida As-Is Contract is a commonly used residential real estate agreement that allows a buyer to purchase a property in its current condition, without requiring the seller to make repairs or offer price reductions based on inspection findings.

If you’re searching for a home in Florida, you may see listings labeled “As-Is.” While this term can sound risky, As-Is contracts are extremely common in Florida and are often used to streamline transactions, especially for estate sales, investment properties, and homes that need updates.

At Eaton Realty, we work with buyers, sellers, and property investors throughout Hillsborough County. We understand that “as-is” properties can often be a bargain and aren’t right for every buyer. Below, we explain what a Florida As-Is contract is, how it works, when buyers can cancel, and what sellers are still legally required to disclose.

What Is an “As In” Florida Real Estate Contract?

A Florida As-Is contract is most commonly based on the Florida Realtors® / Florida Bar “AS IS Residential Contract for Sale and Purchase.” This contract structure removes repair negotiations while preserving a buyer’s right to inspect and cancel within a defined inspection period.

In a typical real estate transaction, after a potential buyer makes an offer on a house, they can do some due diligence. Due diligence typically involves a home inspection performed by a licensed inspector and an appraisal (usually ordered by the bank or mortgage lender). Based on the inspection and appraisal results, the buyer may ask the seller to make repairs, reduce the purchase price, or agree to other concessions.

If a home is being sold “as-is,” then the buyer must be willing to accept the home in its current condition. In other words, you won’t have the opportunity to ask the seller to reduce the price or make any repairs based on any problems that the property might have, such as a leaky roof.

A house may be sold “as-is” for the entire property, or just one component. “as-is” for the entire property is exactly what it sounds like - the seller won’t make any repairs or reduce the price for any part of the property, whether it’s a minor issue or something major like structural problems. A seller may also make one property component - such as a pool that needs extensive repairs - “as-is.”

Expert Insight: In Florida, As-Is contracts are often misunderstood as being “seller-friendly.” In practice, the inspection and cancellation rights are usually stronger for buyers than in many non-As-Is contracts.

How Florida As-Is Contracts Work

In most Florida real estate contracts, there is a section where the buyer and seller can negotiate who pays for repairs after inspections are completed. This section allows the parties to agree on repair limits, credits, or price reductions based on issues found during the inspection period.

With a Florida As-Is contract, that repair negotiation section is removed entirely. The reason is simple: repairs are not part of the agreement. Instead of negotiating repairs, the As-Is form shifts the focus to the buyer’s inspection rights.

Under an As-Is contract, the purchase is subject to the buyer’s satisfactory inspection. The buyer is allowed to fully inspect the property during the inspection period, but the seller has no obligation to make repairs, provide credits, or reduce the purchase price based on what is found.

Once inspections are complete, the buyer has two options:

1. Move forward with the purchase in the property’s current condition, or
2. Cancel the contract within the inspection period if the property is not acceptable

If the buyer proceeds, they are accepting the home exactly as it exists at that time.

Because the seller has no repair responsibility, any repairs required by the buyer’s lender become the buyer’s responsibility. This includes lender-mandated repairs identified during the appraisal or underwriting process. If the buyer is unwilling or unable to pay for those repairs, and the seller does not voluntarily agree to help, the transaction may not be able to close.

Pro Tip: The inspection period is one of the most important deadlines in the entire transaction. Buyers should schedule inspections as early as possible, not at the end of the window, to preserve flexibility.

As-Is Contract Language

An “as in” real estate contract will typically contain legal language that alerts prospective buyers that the property is being sold in this manner. Examples include:

• “The Buyer acknowledges that the property is being sold ‘as-is’ with all faults and defects, whether known or unknown, presently existing or that may hereafter arise. The Seller makes no warranties or representations of any kind regarding the condition of the property;” or
• “By accepting the terms of this purchase and sale agreement, the Buyer agrees to purchase the above property in its as-is condition as of the closing date, with all faults and limitations;” or
• “Any repairs, renovations, or upgrades required by the Buyer after closing will be the sole responsibility of the Buyer. The Seller will not be held liable for any costs associated with improving the condition or function of the property.”

The property listing will explicitly state that it is being sold in “as-is” condition, noting that the buyer accepts full responsibility for any necessary repairs or renovations discovered before or after closing.

Pro Tip: Buyers should read the As-Is language carefully but focus just as much on deadlines and notice requirements. Missing a cancellation deadline is far more damaging than accepting broad As-Is language.

What If The House Has Major Issues?

An “as-is” contract does not mean that the buyer must accept deficiencies, cannot have the property inspected or appraised, or will buy the house regardless of what an inspection may uncover. Instead, it means that the seller has already accounted for the property's condition in the purchase price or that they are unwilling to make any repairs or concessions.

If inspections reveal serious problems, the buyer can simply:

1. Accept the property as-is, or
2. Cancel the contract within the inspection period

Of course, buyers can still ask the seller to make repairs or reduce the price if an inspection uncovers a defect that wasn’t obvious, such as mold or mildew issues - but the seller can refuse to do so and move forward with another purchaser.

Reasons For Selling A Home “As-Is”

Sellers choose to list a home “as-is” for many different reasons. In most cases, it is not about hiding problems or selling a distressed property. Instead, it is about setting clear expectations and limiting post-inspection negotiations. Below are some of the most common reasons Florida sellers opt for an As-Is contract.

To Avoid Repair Negotiations

One of the biggest advantages of an As-Is sale is eliminating repair requests after inspections. In a traditional contract, buyers often submit a repair list and negotiate credits or price reductions. With an As-Is contract, sellers make it clear upfront that they will not be making repairs, which helps avoid drawn-out negotiations and keeps the transaction moving forward.

The Property Needs Updates or Repairs

Homes that are older or in need of updates are often sold As-Is. Rather than investing time and money into repairs or renovations, sellers may prefer to price the home accordingly and let the buyer decide what improvements to make after closing.

Estate Sales or Inherited Property

As-Is contracts are very common in probate and estate sales. Executors or heirs may not have detailed knowledge of the property’s condition and may not want the legal or financial responsibility of making repairs. Selling As-Is allows the property to be transferred without ongoing maintenance obligations.

Investment or Rental Properties

Rental homes and investment properties are frequently sold As-Is, especially when they are:

• Tenant-occupied
• Being sold as part of a portfolio
• Maintained primarily for functionality rather than cosmetic appeal

Investors often expect As-Is sales and focus more on location, cash flow, and potential than on immediate condition.

Financial or Time Constraints

Some sellers simply do not have the time, funds, or desire to complete repairs before selling. This can happen due to:

• Job relocation or time-sensitive moves
• Divorce or life transitions
• Financial hardship or limited cash reserves

An As-Is sale allows these sellers to move forward without additional delays or expenses.

To Reduce Liability and Disputes

While an As-Is contract does not eliminate disclosure requirements, it can reduce the likelihood of post-inspection disputes over repairs. By clearly stating that the property is being sold in its current condition, sellers create a cleaner transaction with fewer opportunities for misunderstandings.

To Attract Cash Buyers and Investors

Many cash buyers and investors actively look for As-Is listings. These buyers are typically comfortable handling repairs themselves and can often close faster. Listing As-Is can help attract this segment of the market, particularly for properties that may not qualify for traditional financing without repairs.

A Seller’s Responsibility In Selling A House “As-Is”

Importantly, selling a house “as-is” does not mean that a homeowner can hide or fail to disclose known defects. Florida law requires sellers of residential real estate to inform prospective buyers of facts that they are aware of and that might not be obvious to buyers, such as:

• For coastal properties, the potential for erosion and any environmental regulations that may affect the property;
• Information about homeowner’s association (HOA) fees, rules, and other details;
• Any pending code enforcement actions;
• Property taxes;
• Any legal complaints or disputes about the property;
• Whether the property is affected by past or present sinkholes;
• Any problems with structural or essential elements of the home; and
• Whether there have been any infestations or damage from wood-destroying organisms.

Again, “as-is” does not mean the seller can hide important details about the house. It simply means that, for whatever reason, the seller won’t be doing repairs - and that the buyer should be willing to accept the house in its current condition.

Should You Buy a House “As-Is”?

Homes that are sold “as-is” often (but not always) need repair. They may even be unlivable in their current state, with major structural issues that make them unsafe or uninhabitable. For many buyers, this type of house is not an option.

Lending Considerations

First, many types of loans require that the property being purchased meet specific standards known as minimum property requirements (MPRs). For example, for loans backed by the federal government (such as an FHA, VA, or USDA loan), a home must generally have a roof in good condition, a working heating and cooling system, and an up-to-date electrical system. Similarly, conventional mortgages usually require only relatively minor defects to qualify for a loan, such as missing trim, minor window cracks, or worn floor finishes.

If a home is in truly poor condition, the likelihood of qualifying for a loan is incredibly slim. Unless you have the cash to buy the house outright (which may be possible if the price is low enough), you probably can’t buy this type of property.

Pro Tip: Before submitting an offer, buyers using financing should ask their lender what conditions would automatically trigger a loan denial, especially for roofs, electrical panels, or HVAC systems.

Repair Considerations

Second, many buyers don’t have the time or expertise to make more extensive repairs. Most people buy a house because they want to live there and may even need to move into the new property quickly. They may not be able to wait for several months or longer to make the repairs to make the home livable. They may also not have the ability to make repairs or renovations themselves.

Of course, not all houses sold “as-is” are in poor condition. In some cases, the house is being sold as-is because the sellers don’t have the cash to make repairs or don’t have the time to get the work done. It is possible to buy a house as-is and then move in after closing and make repairs as you go. However, most of the houses on the market that are sold this way require significant work.

For anyone looking for an investment property, an as-is property can often be a great deal. If you have the ability to do so, you could buy a house on the cheap, put in some work, and then have a house with a significantly higher value. In fact, there is a whole genre of real estate shows on channels like HGTV based on this very premise - buying homes in bad condition “as-is” and then flipping them for profit.

Pro Tip: Buyers should budget not only for known repairs but also a contingency reserve. Inspections rarely uncover every issue, especially in older homes.

The Importance of An Inspection For As-Is Homes

If you are contemplating buying a house as-is, then a home inspection is a must. Inspections allow buyers to:

• Understand repair costs
• Assess risk
• Decide whether to proceed or cancel

If a seller refuses to allow an inspection, then your best bet is probably to walk away from the deal, as that is a pretty clear sign that the seller is hiding something or that something is majorly wrong with the property.

Once you have an inspection done, you can make a more informed decision about how to proceed. In many situations, the price of the home may be low enough to make it a good deal, even with the necessary repairs. You should carefully consider the listing price, the defects in the property, and how much it will cost to fix those issues before coming to a decision. Your Tampa real estate agent can help you with the process.

Getting Out Of A Florida “As-Is” Contract

Despite the name, a Florida “As-Is” contract does not trap a buyer into purchasing a property, no matter what. In fact, the As-Is form is designed to give buyers a clear and straightforward exit option during the inspection period.

The primary way to get out of a Florida As-Is contract is through the inspection contingency. The contract states that the sale is subject to the buyer’s satisfactory inspection of the property. This means the buyer can cancel the contract for any reason, or no reason at all, during the inspection period, as long as proper notice is given before the deadline. The buyer does not need to prove a defect, request repairs, or justify the decision to cancel.

Once the buyer delivers written notice of cancellation within the inspection period, the contract is terminated, and the buyer’s deposit is typically returned, assuming all timelines and notice requirements are followed.

Can You Back Out If The Inspection Period Expires?

If the inspection period expires and the buyer does not cancel, the buyer is generally committed to moving forward with the purchase. At that point, backing out without a valid contractual reason could result in the loss of the deposit and potential legal exposure.

There are limited circumstances outside the inspection period where a buyer may still be able to exit an As-Is contract, including:

• Financing failure, if the contract includes a financing contingency, and the buyer is unable to obtain loan approval
• Title defects that cannot be cured by the seller within the required timeframe
• Failure to meet lender requirements, such as appraisal or underwriting conditions that prevent loan approval
• Seller default, such as failing to provide a clear title or refusing to close

It’s also important to note that while sellers are not required to make repairs in an As-Is contract, they are still required to disclose known material defects. If a buyer discovers that a seller knowingly concealed or misrepresented a material issue, the buyer may have legal remedies, even after the inspection period has ended.

Free As-Is Contract Template

The team of realtors at Eaton Realty has created a free “as-is” contract template that can be used as a starting point if you’re interested in selling or buying a home as-is. You can download the free template by clicking the link below.

Download The Free Template

Keep in mind that this template is designed to be an example. We don’t recommend entering into any real estate contracts without first consulting a lawyer and a realtor.

How Eaton Realty Can Help

Buying or selling a house “as-is” can be a big decision. There are pros and cons to this option for all parties to a transaction. For buyers, it can be risky to buy a house with known problems. For sellers, it can mean a potential loss of profit on the sale of a home.

Eaton Realty represents both buyers and sellers in real estate transactions. We have more than 20 years of experience in the Tampa real estate market, which includes specific experience with as-is home sales. We can help you make the best decision based on your situation, using our knowledge and insight into these types of sales.

If you want to buy or sell a house in Hillsborough County, we are here for you. Learn more by filling out our online contact form, or call us at 813-672-8022 to talk to a real estate team member.

Florida As-Is Contract FAQs

What Is A Florida As-Is Contract?

A Florida “As-Is” contract is a common residential purchase agreement (often the Florida Realtors®/Florida Bar “AS IS Residential Contract for Sale and Purchase”) where the buyer agrees to purchase the property in its current condition, and the seller generally is not obligated to make repairs.

Florida’s “as-is” framework is popular because it clearly sets expectations: the buyer gets a strong inspection/cancellation right early in the contract, and the seller gets a straightforward path where they aren’t automatically on the hook to fix items the buyer discovers.

Can A Buyer Still Perform An Inspection For An As-Is Home?

Yes. In a Florida as-is deal, the buyer typically has a Right to Inspect Period (often negotiated, and commonly around 10–15 days, but it can be any number the parties agree to) to perform inspections and investigations.

During this window, the buyer can order essentially any inspections they want, such as:

• General home inspection (structure, roof, HVAC, plumbing, electrical)
• 4-point inspection (often requested by insurers)
• Wind mitigation (insurance-related)
• Termite/WDO inspection
• Mold assessment
• Sewer scope/plumbing camera
• Pool inspection
• Roof certification/roof condition report
• Foundation/structural engineer evaluation
• Radon (more common in some regions than others)
• Septic/well inspections (if applicable)

Can A Buyer Cancel The Contract If Issues Are Found?

Often, yes, and in many cases, the buyer can cancel even if the inspection doesn’t uncover “major” issues, as long as they cancel properly and on time.

With the Florida Realtors/Florida Bar As-Is form, the buyer’s termination right during the inspection period is designed to be broad. Florida Realtors describes it as a “very strong” cancellation right, and the contract language is commonly described as being in the buyer’s “sole discretion” during that period.

To cancel under the inspection right:

1. The buyer must cancel before the inspection period deadline, and
2. The buyer must give written notice as required by the contract.

If done correctly and the buyer isn’t otherwise in default, the buyer’s deposit is generally returned, and the parties are released from further obligations under the contract (subject to the contract’s specific terms).

Are Sellers Required To Make Any Repairs With An As-Is Contract?

Usually, no. The defining feature of an “as-is” contract is that the seller generally does not have a contractual obligation to repair or replace items the buyer discovers.

That being said, repairs can still be negotiated into the agreement. Additionally, sometimes repairs aren’t “required by the seller,” but they’re required for the deal to close, because the lender won’t approve financing unless certain safety or condition issues are addressed, or insurance can’t be bound unless roof, electrical, or plumbing items meet underwriting standards.

If the seller does agree in writing to specific repairs, credits, or changes via an addendum, those become enforceable contract terms like any other negotiated provision.

Does An As-Is Contract Release Sellers From All Liability?

No. “As-is” reduces a seller’s repair obligation, but it does not automatically eliminate a seller’s legal responsibility for certain conduct, especially around disclosure, fraud, or misrepresentation.

Florida Realtors’ legal resources state that even if a home is sold “as is,” the seller has an obligation to disclose known latent defects.

A “latent defect” generally means a problem that:

• is not readily observable to the buyer, and
• is known to the seller, and
• materially affects the property’s value or desirability.

This disclosure duty is widely associated with the Florida Supreme Court’s Johnson v. Davis decision and later interpretations.

What If The Buyer Doesn’t Discover An Issue Until After Closing?

Once a Florida as-is transaction closes, the buyer generally takes ownership of the property with all existing conditions, known and unknown. This means that most post-closing discoveries become the buyer’s responsibility, even if the issue is expensive or inconvenient.

That said, there are important exceptions. An as-is contract does not automatically shield a seller from all post-closing liability. A buyer may still have a claim if they can show issues such as:

• Fraud or intentional concealment
• Misrepresentation
• Failure to disclose known latent defects

Even when claims are legally possible, post-closing disputes are often expensive and difficult to win. From a practical standpoint, buyers should assume that closing is the finish line for most condition-related issues and conduct due diligence accordingly.

Can Sellers Refuse To Complete A Seller’s Disclosure Form In An As-Is Contract?

Yes. In Florida, sellers are not legally required to use a standardized Seller’s Disclosure Form, even in a non-as-is transaction. An as-is contract does not change that.

In many transactions, refusing to complete a disclosure does not prevent a sale, but it can increase friction and uncertainty. Many Florida real estate professionals recommend that sellers provide disclosures in writing, even in as-is deals, to reduce the risk of misunderstandings or future disputes.

Who Is Responsible For Code Violations Or Open Permits In An As-Is Contract?

In most Florida as-is transactions, responsibility for code violations and open permits ultimately transfers to the buyer at closing, unless the contract specifically states otherwise.

Buyers can protect themselves by:

• Requesting a municipal lien search
• Reviewing permit histories with the local building department
• Asking for written confirmation that permits were closed
• Negotiating credits or seller repairs if issues are discovered during inspections

Is There A Benefit To Working With An Attorney For An As-Is Contract?

Yes, there is a benefit to working with a real estate attorney, especially in Florida, where as-is contracts are common but legally nuanced.

While many residential transactions close smoothly without legal representation, working with a real estate attorney can provide meaningful advantages in an as-is deal.

A Florida real estate attorney can:

• Review the as-is contract for risk exposure
• Explain inspection and cancellation deadlines
• Draft or review addenda related to repairs, credits, or disclosures
• Advise on disclosure obligations and liability risks
• Identify red flags before the buyer’s cancellation window closes
• Help avoid post-closing disputes that are far more expensive to resolve

For higher-risk as-is transactions, legal review is often a cost-effective form of insurance compared to the cost of litigation or undiscovered issues after closing.