“As-is” is among the most misread terms in Florida contracts. It does not mean the buyer gives up diligence: it means the buyer accepts the property in its condition, subject to rights the contract still provides.
What as-is actually conveys
An as-is sale says the seller is not obligated to repair or to credit: the house trades in the condition a diligent buyer finds it. What it does not do, in the standard Florida framework, is strip the buyer’s inspection rights: buyers typically retain a window to inspect, and a defined right to terminate if what they find does not suit them. The deposit’s journey home is governed by that termination right, not by the seller’s repair refusal. Reading the contract’s actual inspection-and-termination language is the whole game.
Where luxury contracts differ
In the upper tier, as-is is common because sellers of significant properties prefer certainty to negotiation theatre. But the practice around it is more refined: buyers arrive with full due-diligence teams, do their finding during the inspection window, and either proceed, terminate cleanly, or open a targeted conversation on true material discoveries. The as-is clause filters casual negotiation; it does not filter diligence.
What buyers should hold on to
The protections worth preserving in any as-is purchase: a real inspection period with a genuine termination right; the seller’s disclosure duty under Florida case law and the statutory notices, which an as-is clause does not erase; and clean handling of the deposit so termination is executable rather than litigable. Waiving those in the name of competitiveness is a choice; confusing as-is with having waived them is an error.
Two Florida Realtors/Florida Bar forms, two approaches to repairs
Florida Realtors and The Florida Bar jointly approve two residential contract forms: the standard Residential Contract for Sale and Purchase and the “AS IS” version. The two Florida Realtors/Florida Bar forms differ most in what happens after the inspection.
The standard form puts a repair budget on the seller. Unless the parties write in other figures, the seller pays up to 1.5% of the purchase price for General Repair Items (the “General Repair Limit”), up to 1.5% for wood-destroying organism treatment and repairs (the “WDO Repair Limit”), and up to 1.5% for closing out open or expired building permits (the “Permit Limit”). If general repairs exceed the limit and neither the seller (by paying the excess) nor the buyer (by accepting the balance “as is”) steps in, either party may terminate and the buyer gets the deposit back.
The AS IS form removes that repair budget and replaces it with a cleaner right. Under paragraph 12(a), the buyer has the number of days written into the contract (15 if the blank is left empty) after the Effective Date to complete whatever inspections the buyer wants. If the buyer determines, in the buyer’s sole discretion, that the property is not acceptable, the buyer may terminate by written notice delivered to the seller before the inspection period expires, and the deposit is returned. Florida Realtors calls this “a very strong right of cancellation during the inspection period.”
The trade-off is in the next sentence of the form. Unless the buyer exercises that termination right, the buyer accepts the physical condition of the property and any violation of governmental, building, environmental and safety codes, and is responsible for any repairs the buyer’s lender requires. The buyer also pays for the inspections and must repair any damage they cause, even if the contract is terminated.
What the seller still owes in an AS IS contract
As-is does not mean the seller can let the property slide before closing. Paragraph 11 of the AS IS form requires the seller, except for ordinary wear and tear and casualty loss, to maintain the property, including the lawn, shrubbery and pool, in the condition it was in on the Effective Date. The form calls this the AS IS Maintenance Requirement, and the buyer’s walk-through before closing exists to confirm it was met and that the personal property included in the sale is still there.
Two other clauses matter. If the inspection turns up open or needed building permits, paragraph 12(c) obliges the seller to deliver the plans and other information in the seller’s possession about that work. And paragraph 10(d) gives the buyer a separate termination right, within the number of days stated (20 if left blank), if the property is in a Special Flood Hazard Area or Coastal Barrier Resources Act area and either its lowest floor elevation is below the minimum flood elevation or it is ineligible for National Flood Insurance Program or private flood coverage. On coastal estates, that clause deserves its own calendar entry.
Paragraph references here follow the redlined AS IS form (ASIS-7x) that Florida Realtors published in February 2026. Confirm which revision your contract uses.
The disclosure duty survives an as-is clause
The seller’s duty to disclose comes from Florida case law, not from the contract. In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court held “that where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” The court added that the duty “is equally applicable to all forms of real property, new and used.” The case involved sellers who knew of, and did not disclose, problems with the roof.
The Fourth District Court of Appeal later addressed the as-is question directly. In Solorzano v. First Union Mortgage Corp., 896 So. 2d 847 (Fla. 4th DCA 2005), the buyer alleged the seller knew the City of Lake Worth had found material housing code violations on the property, which had already drawn fines of more than $57,000. The trial court dismissed her claim because the sale was “as is.” The appellate court reversed, holding that “the inclusion of an ‘as is’ clause in a contract for the sale of residential real property does not waive the duty imposed upon a seller under Johnson.”
The AS IS form reflects the same rule. Paragraph 10(j) has the seller state that the seller knows of no facts materially affecting the value of the real property which are not readily observable and which have not been disclosed to the buyer. The Johnson rule has a limit: it covers facts that are not readily observable and not known to the buyer. What a careful inspection would reveal is the buyer’s job to find. Our guide to Florida seller disclosure requirements covers the seller’s side in more detail.
Statutory notices that still apply
Several notices are set by statute and apply whether or not the contract is as-is:
- Flood disclosure (s. 689.302, Florida Statutes). A seller of residential real property must complete and provide a flood disclosure at or before the time the sales contract is executed. The form asks whether the seller knows of flooding that damaged the property during the seller’s ownership, whether the seller has filed a flood claim (including with the National Flood Insurance Program), and whether the seller has received flood assistance (including from FEMA).
- Radon gas notice (s. 404.056(5)). The statutory radon notice must appear on at least one document executed at or before the contract for sale and purchase of any building. The AS IS form prints it in paragraph 10(a).
- Property tax disclosure summary (s. 689.261). The buyer must receive a summary, at or before contract, warning that a buyer should not rely on the seller’s current property taxes, because a change of ownership or improvements triggers reassessment. The AS IS form includes it in paragraph 10(h). The statute as amended in 2026 (ch. 2026-239) adds a related rule: beginning February 1, 2027, online listing platforms must show estimated property taxes for Florida residential listings without using the current owner’s taxes in the estimate.
Frequently Asked Questions
Can a buyer back out of an AS IS contract in Florida?
Yes, during the inspection period. Under paragraph 12(a) of the Florida Realtors/Florida Bar AS IS form, a buyer who decides, in the buyer’s sole discretion, that the property is not acceptable may terminate by written notice delivered before the inspection period expires (15 days if the blank is left empty), and the deposit is returned.
Does an as-is sale mean the seller does not have to disclose defects?
No. Johnson v. Davis (Fla. 1985) requires a seller of a home who knows of facts materially affecting its value that are not readily observable and not known to the buyer to disclose them, and Solorzano v. First Union Mortgage Corp. (Fla. 4th DCA 2005) held that an “as is” clause does not waive that duty.
What is the difference between the AS IS contract and the standard Florida contract?
The standard form makes the seller pay for certain repairs up to the General Repair, WDO Repair and Permit Limits, each 1.5% of the purchase price if left blank. The AS IS form has no seller repair limits; the buyer may instead terminate during the inspection period, and otherwise accepts the property’s physical condition, subject to the seller’s duty to maintain it until closing.
Does the seller have to maintain the property in an as-is sale?
Yes. Paragraph 11 of the AS IS form requires the seller, except for ordinary wear and tear and casualty loss, to maintain the property, including the lawn, shrubbery and pool, in its condition as of the Effective Date, and the buyer’s walk-through before closing is there to confirm it.
Which disclosures still apply when a Florida home is sold as-is?
The seller must still provide the flood disclosure required by section 689.302 of the Florida Statutes, and the contract documents must carry the radon gas notice from section 404.056 and the property tax disclosure summary from section 689.261.
Sources: AS IS contract form (ASIS-7x); standard contract form (7x); Florida Realtors contract law library; Johnson v. Davis; Solorzano v. First Union Mortgage Corp.; s. 689.302, F.S.; s. 404.056, F.S.; s. 689.261, F.S..
Read it before you sign it
Every as-is clause is not identical, and the differences live in sentences only a professional reads closely. Before an offer goes out, the inspection and termination language should be reviewed alongside the price. If a purchase is ahead, a private buying conversation covers exactly this ground, and our guides to waterfront estate inspections and coastal insurance due diligence describe the diligence an as-is window should fund.
This article is informational only and is not legal, tax or insurance advice. Contract forms and statutes change; have a Florida real estate attorney review the specific contract, riders and disclosures before you sign.