Selling a house “as-is” in Florida means you sell it in its current condition and don’t make repairs before closing. It is a common way to sell a house that needs a roof or has storm or water damage, an inherited house you don’t want to fix up, or a rental you want to be done with. But as-is does not mean “no questions asked.” Florida courts still require sellers to disclose what they know, state law adds a flood disclosure and a property tax disclosure, buyers can still inspect, and the way you sell decides how much the condition will cost you.
This guide explains what as-is means in a Florida contract, what you still have to disclose, your three ways to sell, the costs to expect, a worked example and a checklist. It is general information, not legal advice; a Florida real estate attorney or your title company can confirm what applies to your sale.
What “as-is” means in a Florida contract
Many Florida home sales use the “AS IS” Residential Contract for Sale and Purchase published by Florida Realtors and The Florida Bar. Under that contract the seller does not agree to make repairs. In exchange, the buyer gets an inspection period, a number of days written into the contract, during which the buyer can inspect the house and cancel for any reason and get the deposit back. Once the inspection period ends without a cancellation, the buyer is generally locked in, and the seller still has to deliver clear title at closing.
If you don’t plan to fix anything, make sure the contract you sign says so. When you sell to a cash buyer, the buyer’s own contract may look different, but the idea is the same: read the paragraph on the condition of the property and make sure it says you are not making repairs.
What you still have to disclose
Selling as-is does not mean you can stay silent. Three rules matter:
- Known hidden defects. In Johnson v. Davis (1985), the Florida Supreme Court held that a seller of a home must disclose known facts that materially affect its value and are not readily observable to the buyer. The Florida Bar Journal puts it plainly: an as-is clause means you don’t have to make repairs, but it is not a license to skip disclosure. Courts have let buyers sue sellers who hid problems such as past flooding despite an as-is contract. (This duty applies to residential sales; commercial property follows different rules.)
- Flood disclosure. Under Florida Statutes section 689.302, a seller of residential property must give the buyer a flood disclosure at or before the time the contract is signed. It tells the buyer that a homeowners policy doesn’t cover flood damage and asks whether you know of flooding that damaged the house while you owned it, whether you filed a flood insurance claim (including with the National Flood Insurance Program) and whether you received flood assistance, such as from FEMA.
- Property tax disclosure summary. Under section 689.261, the buyer must receive a property tax disclosure summary at or before signing. It warns that the buyer should not rely on your current property taxes, because a change of ownership or improvements trigger a reassessment that may raise them. It is often printed in the contract itself; if not, a separate summary must be attached.
The safest approach is simple: tell the buyer, in writing, about the problems you know about. A buyer who is pricing in the condition anyway gains nothing from a hidden defect, and you protect yourself from a claim after closing.
Inspections and the inspection period
An as-is buyer still inspects,, usually with a home inspector and often a roofer or other specialist. During the inspection period, the buyer may come back and ask for a lower price or a repair credit. You can say no, but the buyer can then cancel and walk away with the deposit.
That is the real risk of an as-is listing: the inspection report becomes a renegotiation, and a buyer who can’t get a loan on the house may cancel. The fewer surprises the buyer finds, the less room there is to retrade, which is another reason to disclose fully up front.
Three ways to sell a Florida house as-is
1. List as-is with a real estate agent
You reach the most buyers and may get the highest price if the house is in fair shape. But most buyers use a mortgage, and the lender orders its own appraisal. A house with an old roof, water damage or major system problems can struggle to get financed, and showings, inspections and the inspection period all take time. You also pay the commission you negotiate with your agent.
2. Sell it yourself (for sale by owner)
You skip the listing commission but take on the marketing, showings, the contract and the disclosures yourself, and you face the same financing and inspection issues. See selling without a realtor if you are weighing this route.
3. Sell to a cash buyer
A cash buyer prices the repairs into the offer, so there is no lender appraisal holding up the sale and usually no repair negotiation after the inspection. The offer is typically lower than a retail listing price, but you skip repairs, showings and commissions, and you choose the closing date. This is often the fastest route for a house that needs major work, has tenants in it, or is tied up in a deadline such as a foreclosure.
What it costs to sell as-is in Florida
- Documentary stamp tax on the deed. Florida charges 70 cents for every $100 of the price (or portion of $100), so about $1,750 on a $250,000 sale. Miami-Dade County uses 60 cents per $100, plus a 45-cent surtax that does not apply when only a single-family home is transferred. Your contract says who pays it.
- Title and closing costs. Title insurance, the closing fee and recording costs are split as your contract says.
- Payoffs and prorations. Your mortgage, any liens and your share of the year’s property taxes are paid from the sale at closing.
- Commissions. Only if you list with an agent. There is no agent commission when you sell directly to a cash buyer through us.
A worked example
Here is a simple illustration with round numbers (not a real sale). Say a house would sell for about $300,000 fully fixed up, and it needs a new roof, a water-damaged bathroom redone and an electrical panel replaced, which a contractor estimates at $45,000.
- Fix, then list: you pay the $45,000 up front and wait for permits and work, then list. After the commission, about $2,100 in documentary stamps on the deed and the months of mortgage, taxes, insurance and utilities while you repair and sell, your net is well below $300,000, and you carry the risk if the repairs run over or the buyer still finds something.
- List as-is: buyers subtract the repairs and a margin for their trouble, and some can’t get a loan on the house at all. Expect a lower price, a longer wait and a likely renegotiation during the inspection period.
- Sell to a cash buyer: the offer is lower than the fixed-up price, but there are no repairs, no commission and no holding months, and the number you agree to is close to what you take home.
The right choice depends on your cash, your time and the house. Compare the net amount you would actually receive in each case, not the headline price. Our post on renovating vs selling as-is goes deeper on the trade-off.
If you are behind on payments
Florida foreclosure is judicial: the lender has to file a lawsuit in state court, and the house is sold only after the court enters a judgment. Under Florida Statutes section 45.0315, you can redeem the house (pay what is owed) until the clerk files the certificate of sale after the foreclosure sale, or a later time if the judgment says so. Until then you still own the house and can sell it, pay off the loan at closing and keep what is left. Because the court process takes time, you usually have more room to sell than in a non-judicial state, but don’t wait for the sale date: title work and payoff letters take a few weeks. See selling a house in foreclosure.
Checklist: selling your Florida house as-is
- Write down the problems you know about: roof age, leaks, past flooding, mold, plumbing, electrical, HVAC, permits.
- Complete the flood disclosure and give it to the buyer before the contract is signed.
- Make sure the buyer has the property tax disclosure summary before signing.
- Use an as-is contract, and note how many days the inspection period lasts.
- Gather your mortgage payoff, HOA or condo association details, and any lien or tax information.
- Get at least one cash offer and one agent’s estimate, and compare the net amounts after documentary stamps and other costs.
- Close through an independent title company or attorney you can call yourself, and confirm wire instructions by phone. See how to check a cash buyer.
Frequently asked questions
Do I have to make repairs to sell my house in Florida?
No. You can sell the house in its current condition. Under an as-is contract the buyer can inspect and cancel during the inspection period, and may ask for a lower price, but you don’t have to agree to repairs.
Does selling as-is mean I don’t have to disclose anything?
No. Florida sellers of homes must disclose known defects that materially affect the value and aren’t readily observable, even with an as-is clause. State law also requires a flood disclosure and a property tax disclosure summary at or before signing.
Can a buyer back out of an as-is contract in Florida?
Yes, during the inspection period written into the contract, for any reason, with the deposit returned. After it ends, the buyer generally has to close unless another condition in the contract, such as financing, lets them out.
How much is the transfer tax when I sell a house in Florida?
Florida’s documentary stamp tax on a deed is 70 cents per $100 of the price, or 60 cents per $100 in Miami-Dade County for a single-family home. Your contract says whether you or the buyer pays it.
Can I sell an inherited house in Florida as-is?
Usually yes, once the personal representative has authority from the probate court or the title is otherwise cleared. A cash buyer can take the house in whatever condition it is in. See selling an inherited property.
Selling a house in Florida as-is? We connect Florida sellers with local cash buyers who make a fair, no-obligation offer on the house as it stands, usually within 24 hours. See we buy houses in Florida or the local pages for Miami, Tampa, Orlando and Jacksonville, then get your free cash offer or call (727) 208-1229. Selling in Texas instead? Read how to sell a house as-is in Texas.
