What does selling as-is mean in Florida?
An as-is sale is a contract term, not a special type of sale. You offer the home in its current condition and the buyer accepts it that way, with no promise from you to fix anything the inspection finds. In return, the buyer normally gets a set period to inspect and walk away.
What as-is does
- Removes any obligation to pay for repairs the inspection turns up.
- Tells buyers up front that the price reflects the condition.
- Usually shortens the negotiation after inspections, because there are no repair requests to argue over.
What as-is does not do
- It does not cancel your disclosure duties. Florida Realtors notes that the duty to disclose applies even to as-is sales, citing Rayner v. Wise Realty Co.
- It does not stop the buyer from inspecting. Buyers still get inspection rights and can cancel.
- It does not guarantee a quick sale or a cash buyer. Financing, appraisal and insurance still have to work for a financed buyer.
The Florida AS IS contract
Most Florida resale deals use one of two contracts from Florida Realtors and The Florida Bar: the standard residential contract or the AS IS residential contract. The AS IS version is built for sales where the seller will not repair.
The inspection period
The buyer has a set number of days, often 15 calendar days, which can be negotiated shorter or longer, to carry out inspections. During that window the buyer can cancel for any reason by giving notice before the period ends.
No repair obligation
If the buyer does not cancel in time, they accept the physical condition of the property, including any problems the inspections found, and are responsible for repairs the lender requires. The seller's job is to keep the home in its current condition until closing, apart from ordinary wear and tear.
What still applies
Financing, appraisal, title and closing terms still work as in any sale, along with the disclosures described below. A buyer who uses the inspection results to ask for a lower price is making a new offer, which you can accept, counter or refuse.
Do you need to disclose if you sell as-is in Florida?
Yes. The seller's duty of disclosure comes from Johnson v. Davis, the Florida Supreme Court case that requires a seller of residential property to disclose known facts that materially affect its value and are not readily observable to the buyer. Florida Realtors' summary of disclosure law notes this applies to as-is sales too, and the law firm The Robertson Firm puts it bluntly: Florida law provides no exception for a home sold as-is.
What you must disclose
Known, material and hidden: for example, a roof leak you patched, past flooding, a cracked slab, termite damage, or unpermitted work you know about. You do not have to investigate what you don't know, and you don't have to point out problems a buyer can easily see.
Statutory disclosures still apply
Several Florida statutes require specific notices in every residential sale, as-is or not, including the flood disclosure (section 689.302), the property tax summary (section 689.261) and the radon notice (section 404.056). An HOA summary, condo documents and a coastal construction line notice apply where relevant. The seller disclosure guide covers each one.
Code enforcement cases
If the property is the subject of an open code enforcement proceeding, Florida Realtors notes that sections 125.69 and 162.06 require the seller to disclose it in writing before transfer, provide copies of the related documents and tell the buyer they will be responsible for compliance. Failing to do so creates a rebuttable presumption of fraud.
What you do not have to disclose
Section 689.25 says a death, homicide or suicide on the property, or an occupant's HIV or AIDS diagnosis, is not a material fact that must be disclosed.
Who buys as-is homes in Florida?
Owner-occupant buyers on the open market
Many buyers will take a home that needs work at the right price, especially cosmetic work. Financed buyers need the home to appraise and to be insurable, so serious defects in the roof, electrical or plumbing can narrow the pool. Ask your agent whether an insurer is likely to require a four-point inspection on your home's age.
Investors and flippers
They buy for cash, often quickly, and price in repair costs plus a profit margin. Expect offers below what a repaired home would fetch.
Instant-offer companies
They make a cash offer online, sometimes with a service fee instead of a commission. Compare the net figure, not the headline offer.
Auctions
A fast route for some distressed or estate properties, with buyer's premiums and fees that vary by auction house. The local sell my house fast guides compare these routes city by city.
Worked example: repair, list as-is or take a cash offer
This illustration uses assumed figures, not quotes. A home would sell for $400,000 in good repair, but the roof needs replacing, which we assume costs $18,000. Commission is taken at the 5.29% Florida average from Clever Real Estate's August 2026 survey, and the seller pays deed doc stamps of 70 cents per $100.
| Repair, then list | List as-is | Cash offer | |
|---|---|---|---|
| Sale price | $400,000 | $375,000 | $320,000 |
| Repairs | −$18,000 | $0 | $0 |
| Commission | −$21,160 (5.29%) | −$19,837.50 (5.29%) | $0 |
| Deed doc stamps | −$2,800 | −$2,625 | −$2,240 |
| Net before other costs | $358,040 | $352,537.50 | $317,760 |
What the numbers show
On these assumptions, repairing first nets $5,502.50 more than listing as-is, but only if the roof really costs $18,000, the repaired home really sells for $400,000, and you can carry the home while the work is done. The cash offer nets $34,777.50 less than the as-is listing, in exchange for speed and certainty. Title charges, prorated taxes and any mortgage payoff come off every column. Run your own numbers with the seller net proceeds calculator.
Is it hard to sell a house in Florida now?
It is slower than a few years ago in most of the state. Zillow's typical Florida home value was $375,470 in August 2026, down 1.5% over the year, and its metro data shows homes taking weeks to go under contract, with many sellers cutting prices.
Market speed by metro
| Metro | Median days to pending (Aug 2026) | Sale-to-list ratio (Jul 2026) | Listings with a price cut (Aug 2026) |
|---|---|---|---|
| Tampa | 70 | 97.0% | 31.2% |
| Orlando | 70 | 97.3% | 28.0% |
| Jacksonville | 80 | 97.0% | 28.4% |
| Lakeland | 80 | 97.4% | 26.8% |
| North Port-Sarasota | 91 | 95.8% | 24.9% |
| Cape Coral | 119 | 95.4% | 21.2% |
What that means for an as-is sale
In a slower market, buyers have more choice, so a home that needs work competes with move-in-ready homes that have cut their prices. Pricing an as-is home realistically from the start, backed by sales of similar homes in similar condition, usually matters more than it did when inventory was tight. City pages such as the Tampa housing market and Cape Coral housing market break this down further.
Common mistakes when selling as-is
- Treating as-is as a shield. Writing "as-is" in the listing does not excuse hiding a known leak or crack. Disclose it and price it.
- Pricing like a renovated home. Buyers compare your home with repaired homes nearby and subtract what they think the work will cost, usually generously.
- Ignoring insurability. If a financed buyer cannot get insurance because of the roof or wiring, the deal can fail late. A pre-listing inspection shows the risk early.
- Comparing offers on the headline price. A higher offer with a long inspection period and a shaky loan can net less than a lower cash offer that closes. Compare the net, the deadlines and the deposit.
- Forgetting the mortgage and liens. Order a payoff letter early; open permits, code fines and liens all have to be cleared or paid at closing.
How to sell a house as-is in Florida
1. Get a pre-listing inspection
It tells you what buyers will find, helps you price, and shows you what you already know and must disclose.
2. Check permits and code cases
Look up open permits and code enforcement cases with your city or county building department. Open items can hold up a closing.
3. Price on as-is comparables
Use recent sales of homes in similar condition, and subtract realistic repair estimates from repaired comparables.
4. Complete the disclosures
Fill in a seller's property disclosure honestly, including "don't know" where that is the truth, and attach the statutory notices.
5. Choose the contract and compare offers on net
Use the AS IS contract, set the inspection period, and compare every offer on the net after commission, doc stamps and credits.
6. Plan for taxes
Florida has no state income tax. Deed doc stamps are 70 cents per $100 (see the doc stamps guide), and any federal capital gains tax depends on your gain and the home sale exclusion (see the capital gains guide).
Common questions
Is it common to sell a home as-is in Florida?+
Yes. Florida Realtors and The Florida Bar publish a dedicated AS IS residential contract alongside the standard contract, and it is widely used for resales, estate sales and homes that need work. Using it does not remove the seller's duty to disclose known hidden defects, and the buyer still gets an inspection period to cancel.
What is the 7 year property law in Florida?+
It usually refers to adverse possession. Under section 95.18, someone without a deed can claim land after 7 years of continuous, exclusive possession, but only if they paid the property taxes within a year of taking possession, filed a return with the property appraiser within 30 days after that, and kept paying the taxes. It has nothing to do with selling as-is.
How much tax do I pay if I sell my house in Florida?+
Florida charges no state income or capital gains tax. You pay deed documentary stamp tax of 70 cents per $100 of the price, $2,800 on a $400,000 sale, and prorated property tax. Federal capital gains tax applies only to gain above the $250,000 exclusion ($500,000 jointly) if the home was your main residence for 2 of the last 5 years.
Is it hard to sell a house in Florida now?+
It is slower than in recent years. In August 2026, Zillow put median days to pending at 70 in the Tampa and Orlando metros and 119 in Cape Coral, and between about 21% and 31% of listings in major metros had a price cut. Homes still sold at roughly 95% to 97% of list price. Realistic pricing matters more for as-is homes.
Do I have to make repairs if I sell as-is?+
No. Under the AS IS contract, the seller does not have to repair anything the inspection finds, and the buyer's protection is the right to cancel during the inspection period. You must keep the home in its current condition until closing, and you still must disclose known material defects that are not readily observable.
Can a buyer back out of an as-is contract in Florida?+
During the inspection period, yes, for any reason, as long as they give notice before it ends. After that, the buyer can cancel only under other terms of the contract, such as a financing contingency or a title problem. What happens to the escrow deposit in each case is set by the contract, so read the deposit and default sections before you sign.
Sources
- Florida Realtors: A detailed look at Florida real estate disclosure laws (updated February 2026)
- The Robertson Firm: What does the seller of a home have to disclose in Florida?
- Palm Paradise Realty: How to sell a house as-is in Florida (AS IS contract terms)
- Florida Statutes: section 689.25, failure to disclose homicide, suicide or deaths
- Florida Statutes: section 689.302, flood disclosure
- Florida Statutes: section 95.18, adverse possession without color of title
- Zillow Research: housing data (ZHVI, days to pending, sale-to-list, price cuts), August 2026
- Clever Real Estate: Average realtor commission in Florida (August 2026 survey)
- Florida Department of Revenue: Documentary stamp tax