Florida As Is Contract

Which contract this is, and how it differs from the Standard

Most Florida home sales use one of two forms approved by Florida Realtors and The Florida Bar: the AS IS Residential Contract for Sale and Purchase, and the Standard version of the same contract.

• AS IS: the seller makes no repairs. The buyer gets an inspection period and can cancel in the buyer's sole discretion before it ends. Any repair requests become a negotiation, not an obligation.
• Standard: the seller agrees to make certain repairs up to limits stated in the contract, usually written as percentages of the price, covering general repairs, wood-destroying organism damage and open permits. If repairs exceed the limits, either side can have options to cancel.

The AS IS form is the more common choice in Florida, and sellers often prefer it because it caps their exposure. For buyers it works well as long as you use the inspection period properly. In practice, many repairs still get negotiated on AS IS deals as credits or price reductions.

The inspection period: how it works

The inspection period starts on the Effective Date, which is the date the last party signs or initials the final offer or counteroffer. The number of days is whatever you write in the blank; if you leave it empty, it defaults to 15 days. Days are calendar days, and the contract has its own rules for a deadline that lands on a weekend or holiday, so read that paragraph rather than guessing.

During that period you can, at your own expense:

• Hire a licensed home inspector, plus a 4-point and wind mitigation inspection for insurance.
• Order specialty inspections: roof, wood-destroying organisms, sewer scope, mold, pool, seawall or dock.
• Get homeowners and flood insurance quotes on the actual reports.
• Check permits and open code violations with the city or county.
• Review the survey and flood zone.

You must repair any damage caused by your inspections, and the seller must give reasonable access with utilities on. Pick a short enough period to keep your offer competitive and a long enough one to get specialists in. In a busy month, 10 days can be tight once you need a roofer and an insurance quote.

Can you back out of an AS IS contract in Florida

Yes, during the inspection period, for any reason or none. You deliver written notice of termination to the seller before the period expires, and your deposit is returned. You don't need to cite a defect.

The danger is timing. If you miss the deadline, the contract treats you as having accepted the property in its present condition, and canceling later puts your deposit at risk unless another contingency applies. Calendar the exact deadline on the day you go under contract, and send any notice by the method the contract specifies.

Other exits after the inspection period are narrower:

• Financing: if the contract includes financing and you can't get loan approval by the loan approval period (30 days by default), you can cancel and recover the deposit, if you give notice in time and have not defaulted.
• Appraisal: protection for a low appraisal applies only if your contract includes it. Discuss this before signing.
• Title: title defects the seller can't cure within the contract's timeframe.
• Condo or HOA documents: condo resale buyers can cancel within 7 days after receiving the association documents; HOA buyers who didn't get the disclosure summary before signing have 3 days after receiving it.

What the seller still owes you

An AS IS seller doesn't have to fix anything, but the seller still has duties.

• Disclosure of known defects: under the Florida Supreme Court's 1985 decision in Johnson v. Davis, a seller of residential property must disclose known facts that materially affect value and aren't readily observable to the buyer. An AS IS clause doesn't erase that.
• Flood disclosure: since October 1, 2025, Florida residential sellers must give buyers a flood disclosure covering known flood damage, flood insurance claims and federal flood assistance on the property.
• Maintenance: the seller must keep the property, including lawn, pool and landscaping, in the condition it was on the Effective Date, ordinary wear and tear excepted, until closing.
• Access: for inspections, an appraisal and a walk-through before closing.

If you find that a seller hid a known material defect, talk to a Florida real estate attorney. This isn't legal advice.

Negotiating repairs on an AS IS deal

Nothing stops you from asking. The way to ask is a written addendum that changes price, adds a closing credit or lists repairs the seller agrees to make. Until both sides sign it, your only real leverage is the right to cancel before the inspection period ends.

A few things that tend to work:

• Lead with insurance problems. A roof or electrical panel that an insurer won't accept affects any future buyer too, so sellers take it seriously.
• Bring numbers. A contractor's written estimate is more persuasive than an inspector's comment.
• Prefer credits to repairs on big items, so you control the contractor and quality. Lenders limit how much credit can go toward closing costs, so confirm with yours.
• Extend the period in writing if a specialist can't come in time. Both parties must sign the extension before the original deadline.

If the seller won't move and the numbers no longer work, cancel within the window.

Deposits, timeline and closing under the AS IS form

The initial deposit is due within 3 days after the Effective Date unless you write a different time, and any additional deposit is due on the date the contract sets. Both go to the escrow agent named in the contract, usually the title company or closing attorney. If you cancel properly during the inspection period, the deposit comes back to you.

Closing costs follow the contract and county custom. In most of Florida the seller pays the deed doc stamps at $0.70 per $100; in Miami-Dade the rate is $0.60. A financed buyer pays $0.35 per $100 on the note and 0.2% intangible tax on the mortgage. Who pays for the owner's title policy depends on the county.

Before closing, you get a walk-through to confirm the property is in the condition required, and that any agreed repairs were done. If you'd like help setting inspection deadlines and lining up inspectors on your next offer, start with a shortlist request and I'll walk you through the timeline.