What Is an As-Is Contract in Florida Real Estate?
An “as-is” contract is Florida’s most commonly used residential purchase agreement — the FloridaRealtors/FloridaBar “AS IS” contract. The seller agrees to make no repairs, but the buyer gets an inspection period (15 days by default, often negotiated shorter) during which the buyer can cancel for any reason and receive the full deposit back.
“As-Is” Doesn’t Mean “No Way Out”
The biggest misconception about as-is contracts is that buyers are stuck with whatever they find. The opposite is true. Under Paragraph 12 of the FloridaRealtors/FloridaBar AS IS contract, the buyer may cancel in their sole discretion during the inspection period — no reason required, no defect threshold to meet. If the inspection turns up a bad roof, an aging A/C, or the buyer simply changes their mind, written notice of cancellation before the deadline returns the earnest money deposit in full.
What “as-is” actually means is that the seller has no obligation to repair anything. The buyer takes the property in its existing condition. The buyer’s protection isn’t a repair clause — it’s the walk-away right.
As-Is vs. the Standard FAR/BAR Contract
Florida agents and attorneys work primarily from two FloridaRealtors/FloridaBar forms. The Standard contract obligates the seller to repair certain defects up to negotiated dollar limits (general repairs, termite treatment, closing out permits), and disputes over what counts as a “defect” are common. The AS IS contract removes all seller repair obligations and in exchange gives the buyer a broad “free look”: inspect anything, cancel for any reason, full deposit back if notice is timely. That simplicity is why the as-is form now dominates Florida residential deals — even when the home is in excellent condition.
In practice, buyers who find problems during the inspection period often negotiate anyway: a price reduction, a seller credit at closing, or an agreed repair. The as-is form doesn’t prohibit renegotiation — it just means the seller can say no, and the buyer’s remedy is to cancel.
The Inspection Period: Where Deals Are Won and Lost
If the blank in Paragraph 12 isn’t filled in, the inspection period defaults to 15 days from the Effective Date (the date the last party signed). In competitive situations it’s routinely negotiated down to 7–10 days. Two details trip buyers up. First, the deadline is strict — cancellation notice must be delivered in writing before the period ends. Miss it and the walk-away right is gone; backing out afterward generally forfeits the deposit. Second, the clock runs on calendar days, weekends included, so a short inspection period over a holiday weekend can leave very little time to schedule inspectors.
Sellers Still Must Disclose Known Defects
An as-is sale does not let a seller hide problems. Under Florida law (Johnson v. Davis, the Florida Supreme Court’s landmark disclosure case), sellers of residential property must disclose known facts that materially affect the property’s value and are not readily observable to the buyer. Florida also now requires a specific flood disclosure for residential sales. “As-is” shifts repair costs — it does not excuse concealment, and buyers who discover hidden defects after closing may still have legal claims.
As-Is Contracts in Miami-Dade County
In the Miami market, as-is contracts are the default in nearly every residential transaction — and the details matter more here: older housing stock in neighborhoods from Westchester to Cutler Bay, 40/50-year recertifications on condos, open or expired permits that surface in lien searches, and flood-zone considerations across coastal Miami-Dade. Arturo R. Alfonso P.A. has represented Miami-Dade buyers and sellers in English and Spanish for over 35 years, reviewing as-is contracts before signing, tracking inspection deadlines, and negotiating credits when inspections reveal problems. If you’ve been searching for a real estate attorney near me before signing an as-is contract, contact us for a consultation.
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