What “as-is” means in a Florida sale
In an as-is sale, the buyer accepts the house in its current condition. The buyer may still inspect it, and under the common Florida as-is contract a buyer can usually cancel during the inspection period if they do not like what they find. What the seller avoids is being required to make or pay for repairs.
You still have to disclose what you know
Florida’s Supreme Court decided in Johnson v. Davis (1985) that a home seller must disclose known facts that materially affect the value of the property and are not readily observable to the buyer. Courts have held that an as-is clause does not protect a seller who hides a known defect. Typical examples include:
- Roof leaks or past water intrusion you have repaired or not
- Foundation or structural problems
- Mold, plumbing failures or sewer backups
- Open permits or work done without permits
Florida’s flood disclosure law
Florida added a specific flood disclosure for residential sales. Under section 689.302 of the Florida Statutes, as amended effective October 1, 2025, sellers must disclose any flooding they know damaged the property while they owned it, any flood insurance claims, and any assistance they received to repair flood damage. In Southwest Florida after Ian, Helene and Milton, this applies to a lot of homes.
Why sellers choose as-is
- The house needs more work than they can afford or manage
- They inherited it and live out of state
- Storm damage or an open insurance claim
- They need to sell on a timeline and cannot wait through repairs
As-is listing vs. as-is cash sale
You can list a house as-is with an agent, but many buyers still need a loan, and lenders and insurers often require a roof, electrical and plumbing that pass inspection. Houses with major issues can sit, or deals fall through late.
When you sell to a cash buyer like us, there is no lender and no appraisal. We walk through once, see the condition ourselves, and make a written offer. Tell us what you know about the house up front. It makes the offer more accurate and it protects you.
Updated October 2026. General information only, not legal, tax or financial advice. Customs and rules change, so confirm details with your title company or a Florida real estate attorney.
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Common questions
Can I sell my house as-is in Florida?
Yes. As-is means you will not make repairs, but you still must disclose known defects that materially affect value and are not easy to see.
Does an as-is clause protect me from disclosure claims?
Not for problems you knew about and did not disclose. Florida courts have held that as-is language does not excuse hiding known defects.
Do I have to disclose past flooding in Florida?
Yes. Florida law requires residential sellers to disclose known flood damage during their ownership, flood insurance claims, and assistance received for flood repairs.
Do you buy houses with known problems?
Yes. We buy houses as-is in Southwest Florida, including storm-damaged homes and homes with open insurance claims.
More guides
Cash Offer vs. Listing With an Agent in Southwest Florida
Which puts more money in your pocket, and which is less hassle? Here is how to compare the two honestly.
How a Cash Offer on Your House Is Calculated
No black box. Here is what goes into a cash offer, and what you should ask any buyer to explain.
Selling an Inherited House in Florida: Probate, Homestead and Timing
A plain-language overview of what it usually takes to sell a house you inherited in Florida, and where to get help.
How Much Does It Cost to Sell a House in Florida?
Commissions, doc stamps, title insurance, tax prorations and the other costs that come out of a Florida seller’s proceeds.
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