As-Is Contracts in Florida Real Estate
An as-is contract is a Florida real estate purchase agreement in which the buyer accepts the property in its existing condition, waiving the right to demand repairs from the seller. The FAR/BAR As-Is Contract is the standard form used across Florida for these transactions.
Buyer Protections
Despite the as-is language, Florida buyers retain important protections. The inspection period (typically 15 days) allows the buyer to hire inspectors and evaluate the property's condition. If the buyer is unsatisfied for any reason, they can cancel within the inspection period and recover their earnest money deposit. The seller's obligation to disclose known material defects under Johnson v. Davis is unaffected by the as-is clause.
Seller's Disclosure Obligation
Florida law requires sellers to disclose known material defects that are not readily observable by the buyer, regardless of whether the contract is as-is. A seller who knows about termite damage, Chinese drywall, or a sinkhole and fails to disclose it can face a fraud claim and rescission of the sale. The as-is clause protects the seller from repair demands, not from disclosure obligations.
Related Terms
Barnes Walker Real Estate
Barnes Walker reviews and negotiates as-is contracts for buyers and sellers throughout Southwest Florida. Contact us for transaction guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC