Yes, you can sell a house as-is in Florida. No Florida law requires you to repair anything before selling, and the state’s most common purchase contract, the FAR/BAR AS IS form, is written precisely for that. What Florida law does require is honesty: under the Florida Supreme Court’s decision in Johnson v. Davis, you must disclose known facts that materially affect the property’s value and are not readily observable to the buyer, and the courts have held that an as-is clause does not erase that duty. Disclose what you know, and an as-is sale in Florida is fast, legal, and routine.
This guide covers exactly what Florida sellers must disclose, what the as-is clause does and does not protect you from, the newer flood disclosure rule, and how the cash and MLS routes compare in Florida’s market.
Can you legally sell a house as-is in Florida?
Absolutely. Every home in Florida can be sold in its current condition. There is no state statute requiring pre-sale repairs, no mandatory pre-listing inspection, and no government sign-off on a home’s condition before a private sale. Sellers in Tampa, Orlando, Miami, Jacksonville, and Sarasota sell as-is every day, from hurricane-damaged block homes to inherited condos that have not been updated since the 1980s.
Florida practice actually makes as-is easier than most states. The Florida Realtors/Florida Bar “AS IS” Residential Contract for Sale and Purchase is one of the two standard contracts used across the state, and it is the more popular of the two. Under it, the seller makes no repair commitments at all. The buyer receives an inspection period during which they can cancel for any reason, and if they proceed, they take the property as it stands.
What “as-is” governs is repairs. What it does not govern is disclosure. Those are two separate legal questions in Florida, and mixing them up is the single most common mistake as-is sellers make.
What is Johnson v. Davis and why does it control every Florida as-is sale?
Florida has no general disclosure statute for resale homes. Instead, the disclosure duty comes from case law. In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court held that where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them.
That one sentence ended “buyer beware” for Florida residential sales. Break it into its working parts, because each one matters:
- “Knows of facts.” The duty covers what you actually know. You are not required to hire an inspector, investigate, or discover problems. Actual knowledge is the trigger.
- “Materially affecting the value.” Trivial wear does not qualify. Problems a reasonable buyer would care about, a roof that leaks, a cracked slab, recurring flooding, do.
- “Not readily observable.” Obvious conditions the buyer can see for themselves, missing flooring, a visibly aged roof, an unfinished repair, are not hidden defects. The duty targets what the buyer cannot detect.
- “Not known to the buyer.” If the buyer already knows, there is nothing to disclose.
Critically for as-is sellers, Florida appellate courts have rejected the argument that an as-is contract waives this duty. As the Jimerson Birr analysis of the case law puts it, courts have discerned no as-is contractual exception to the duty imposed on the seller by Johnson v. Davis. The as-is clause shifts repair risk. It does not license silence about known hidden defects, and it never protects active concealment, such as painting over water stains before showings.
The practical rule for Florida sellers is simple: you do not have to fix anything, but you do have to say what you know.
What disclosures does Florida law specifically require?
Beyond the general Johnson v. Davis duty, Florida statutes add several specific disclosure requirements that apply whether or not the sale is as-is:
Flood disclosure, Fla. Stat. 689.302. Since October 1, 2024, sellers of residential property must give buyers a standalone flood disclosure form at or before the time the contract is executed. The form, prescribed by Section 689.302, Florida Statutes, requires the seller to state whether they have filed insurance claims for flood damage and whether they have received federal assistance for flood damage on the property, along with a notice that standard homeowners policies do not cover flood. The Legislature expanded the form effective October 1, 2025 to also cover the seller’s knowledge of any flooding that damaged the property during their ownership. For homes in Tampa, Jacksonville, Sarasota, and coastal Miami-Dade, where flood claims are common, this form deserves careful, accurate answers.
Radon notice, Fla. Stat. 404.056. Florida requires a short statutory radon gas notification in residential sale contracts. It is boilerplate in the standard forms, but it is mandatory.
Property tax disclosure, Fla. Stat. 689.261. Contracts must include a summary warning buyers that their property taxes may be higher than the seller’s current taxes, because sale resets the assessed value. This matters in practice: Florida’s Save Our Homes cap means a longtime owner’s tax bill can be far below what the buyer will pay.
Coastal construction control line, Fla. Stat. 161.57. Sellers of property partially or totally seaward of the coastal construction control line must disclose that status. Relevant for beachfront and near-beach homes from Sarasota to Jacksonville Beach.
Federal lead-based paint disclosure. Homes built before 1978 require the federal lead paint disclosure and pamphlet in every state, Florida included.
Condo and HOA disclosures. Sales of condominium units and homes in mandatory associations carry their own statutory disclosure packages under Chapters 718 and 720.
Florida has no required general-condition disclosure form, but most agents use the Florida Realtors Seller’s Property Disclosure voluntarily. The Florida Realtors summary of state disclosure law is a good plain-language overview. Completing a written disclosure is smart even when optional: it creates a record that you told the buyer, which is your best defense against a later claim.
What do you have to disclose in Florida, and what can you skip?
Here is how the Johnson v. Davis standard and the statutes sort common items:
| Must disclose if known | Not required |
|---|---|
| Roof leaks, past or present, and prior roof repairs | Defects you genuinely do not know about |
| Water intrusion, flooding history, and flood insurance claims | Hiring an inspector to search for problems |
| Foundation cracks, settlement, or structural movement | Obvious, readily observable conditions the buyer can see |
| Mold or moisture problems you know about | A death on the property (no Florida statute requires it) |
| Plumbing, electrical, or HVAC failures you know about | That the property was occupied by a person with HIV or AIDS (disclosure barred by law) |
| Unpermitted additions or work you know lack permits | Your reasons for selling or your bottom-line price |
| Sinkhole activity or prior sinkhole claims | Minor cosmetic wear and tear |
| Open code violations or liens you know about | Neighborhood opinions and subjective judgments |
| Flood form, radon notice, tax summary, CCCL, lead paint | General predictions about future condition |
Two Florida-specific notes. First, sinkholes: prior sinkhole activity and paid sinkhole claims are classic material facts, and Florida case law and insurance practice treat them seriously. Second, insurance history travels with the property through the CLUE database, so a buyer’s insurer will often surface past water and wind claims anyway. Disclosing first is both required, when the facts are material and hidden, and strategically wise, because discovered surprises kill deals late instead of early.
What can happen if you hide a defect in a Florida as-is sale?
A buyer who discovers a concealed problem after closing can bring a claim for fraudulent nondisclosure or misrepresentation under Johnson v. Davis. Successful claims typically require the buyer to prove you actually knew about the defect, that it materially affected value, that it was not readily observable, and that you failed to disclose it. Remedies can include damages for the cost of repair or diminution in value, and in rescission cases, unwinding the sale entirely. Defense costs alone can eat far more than the price bump silence seemed to buy.
The flip side deserves equal emphasis: honest disclosure is close to bulletproof. A defect disclosed in writing before contract is a defect the buyer accepted and priced. Florida law punishes concealment, not condition. Selling a house with a bad roof is legal every day of the week. Selling it while denying the roof leaks is what creates liability.
How does the inspection period work in a Florida as-is sale?
The FAR/BAR AS IS contract gives the buyer an inspection period, and if the parties leave the blank empty, it defaults to 15 calendar days after the effective date. During that window the buyer may terminate for any reason or no reason, in their sole discretion, and receive their deposit back.
Practical implications for sellers:
- You cannot be forced to repair anything. The buyer’s choices are proceed, ask for a price adjustment you are free to refuse, or cancel.
- The period is negotiable. In competitive situations buyers offer 7 to 10 days or waive inspection entirely. Shorter is better for seller certainty.
- Cash buyers compress this. A professional cash buyer typically evaluates the home before making the offer, so their contracts carry short windows or none, which removes the most common way Florida deals die.
If your buyer is financed, remember that their lender adds a second condition gate. The appraiser can flag roof life, moisture, or safety issues, and insurers in Florida increasingly decline older roofs outright, which can sink the buyer’s ability to close no matter what the contract says. This is a large part of why heavily worn Florida homes trade for cash.
Should you sell as-is to a cash buyer or list as-is on the Florida MLS?
Both are legitimate. The right answer depends on the home’s condition, your timeline, and how much friction you are willing to carry.
A direct cash sale fits when the home has meaningful condition issues, when insurance problems would complicate a financed purchase, or when you need a certain close by a specific date. HomeWise buys houses as-is across Florida, including Tampa, Orlando, Miami, Jacksonville, and Sarasota. There are no repairs, no showings, no commissions, and closings can fund in 7 to 14 days. The offer reflects the home’s current condition, so you trade some top-line price for speed, certainty, and zero preparation. See how the process works on our sell your house as-is page, or go straight to our Florida cash buyer page.
An as-is MLS listing fits when the home is livable, financing is realistic, and you have 60 to 90 days to work with. You will pay 5 to 6 percent in commissions, host showings, and remain exposed to inspection-period cancellations and loan denials, but a retail buyer may pay more for a home in decent shape. Be aware that the as-is label on the open market signals condition to buyers, and many respond with steep discounts or skip the listing.
Run the comparison with real numbers, not instincts. Our guides on whether it is worth it to sell your house as-is and how much you lose selling a house as-is walk through the net-proceeds math step by step. In many Florida cases, once commissions, months of carrying costs, insurance on a vacant home, and post-inspection renegotiation are counted, the gap between the routes is far smaller than the sticker prices suggest.
What does the as-is sale process look like across Florida’s markets?
The mechanics are the same statewide, but local conditions shape the details:
- Tampa and Sarasota. Flood zones and 2024 storm history make the 689.302 flood form central. Buyers and insurers scrutinize roof age; homes with roofs past 15 years often cannot get standard insurance, which pushes financed buyers out and makes cash the practical lane.
- Orlando. A heavy investor market with steady demand for as-is inventory, especially dated 1970s to 1990s ranches inside the beltway. Fast cash competition tends to produce quick, clean offers.
- Miami. Condo sales layer association disclosures, milestone inspection reports, and assessment history on top of the standard rules. As-is single-family sales in older neighborhoods frequently involve unpermitted additions, which are disclosable when known.
- Jacksonville. A large stock of older frame homes where wood rot, older wiring, and drainage issues are common inspection findings. Disclosing known issues up front keeps deals from cracking at day 12 of a 15-day inspection period.
In every market, the seller’s obligations are identical: complete the required forms, disclose known hidden material defects, and let the buyer take the condition from there.
How do you sell a house as-is in Florida, step by step?
- Decide the route. Get a no-obligation cash offer to establish your floor, and if the home is in decent shape, get an agent’s net sheet for an as-is listing. Compare nets and timelines, not gross prices.
- Write down what you know. Roof, water, structure, systems, permits, claims. This list becomes your disclosure and your protection.
- Complete the required disclosures. The flood form before contract signing, the radon and property tax language in the contract, CCCL if coastal, lead paint if pre-1978, and a written condition disclosure even where optional.
- Negotiate the contract. On the FAR/BAR AS IS form, focus on close date, deposit size, inspection period length, and proof of funds.
- Ride out the inspection window. Decline repair requests freely; that is the point of as-is. The buyer proceeds or cancels.
- Close with a title company. They handle the title search, your payoff, and Florida’s documentary stamp tax, then wire your proceeds. Cash deals routinely close within two weeks.
How much less will you get selling as-is in Florida?
The honest answer is that the discount depends on what is wrong with the house, not on the as-is label itself. A well-kept Sarasota home listed as-is because the seller cannot manage a repair punch list might sell within a few percent of full retail. A Jacksonville frame house with an aged roof, older wiring, and moisture damage might trade 20 to 30 percent below what it would fetch renovated, because that gap is roughly what renovation, risk, and resale actually cost.
Work the comparison as two complete columns, not two sticker prices:
The as-is cash column. The offer price, minus your mortgage payoff and Florida’s documentary stamp tax on the deed, customarily paid by the seller at 70 cents per 100 dollars of price in every county except Miami-Dade, which uses a slightly different rate structure. No commissions, no repair spending, no months of carrying costs, and a close date measured in days.
The fix-and-list column. The projected retail price, minus 5 to 6 percent commission, minus the repair budget with its usual overruns, minus 2 to 4 months of mortgage interest, property taxes, insurance, and utilities while you renovate and market, minus the inspection-period concessions most Florida buyers extract, and minus the risk that a financed buyer’s appraisal or insurance falls through and restarts the clock. Insurance deserves special weight in Florida: keeping coverage on a vacant or under-renovation home is expensive, and sometimes hard to obtain at all.
When the repair list is long, the columns converge far more than sellers expect, and sometimes the cash column wins outright. Our full breakdown of how much you lose selling a house as-is puts worked numbers on each line.
Which repairs should you skip before a Florida as-is sale?
If you have decided to sell as-is, the strong default is to stop spending on the house entirely. Repairs that feel responsible often return nothing in an as-is transaction:
- Partial roof repairs. A cash buyer prices the roof by its age and remaining life, not by a recent patch. Insurers do the same. Spending 2,000 dollars patching a 17-year-old shingle roof changes neither number.
- Cosmetic refreshes. Paint, carpet, and fixtures do not move an investor’s ARV math, because the buyer plans to redo them to their own standard anyway.
- System replacements. A new water heater or AC condenser adds a fraction of its cost to an as-is offer. Buyers assume they will service systems on their own schedule.
- Permit-chasing on old work. Retroactively permitting an old addition can take months and open new code issues. Disclose what you know about unpermitted work instead, and let the buyer underwrite it.
The one category worth your time is free: documentation. Gather the roof’s age, any warranty paperwork, past insurance claim records, permit history you have, and receipts for major work. Documentation raises buyer confidence, and confident buyers pay closer to their maximum number.
What if the Florida home is inherited, in probate, or facing foreclosure?
As-is sales cluster around hard situations, and Florida has specific wrinkles in each:
Inherited homes and probate. If the home was not held in a trust or with survivorship rights, it generally passes through Florida probate before it can be sold, and the personal representative may need court authority to convey. The disclosure duty still applies, but it reaches only what you actually know, and heirs who never lived in the property often know very little, which is legitimate. Say what you know, and no more. Our guide on selling a house in probate covers the sequence, and a probate attorney should confirm your authority to sell before you sign a contract.
Pre-foreclosure. Florida forecloses through the courts, which typically gives homeowners months between default and a final sale date. You keep the right to sell the entire time, and a sale that pays off the loan ends the case. An as-is cash sale is often the only route fast enough once a judgment is entered. Our guide to facing foreclosure in Florida walks through the timeline.
Storm-damaged homes. After a hurricane, sellers face a specific disclosure chain: the damage, any insurance claim filed, and any repairs made are all facts you now know. The flood disclosure form captures claim history directly. Selling as-is with an open or settled claim is workable, cash buyers do it constantly, but the claim’s status affects price and must be represented accurately at closing.
Tenant-occupied homes. Florida landlords can sell with tenants in place, and investors often prefer it. The lease survives the sale, so an as-is cash buyer who intends to hold the property may pay the same with tenants as without.
In each scenario the through-line is the same: condition problems and situational pressure are both fine, concealment is not, and speed has real financial value when carrying costs are bleeding monthly.
What should you watch for when choosing a Florida cash buyer?
The as-is cash market in Florida is large and mostly professional, but the state’s distressed-property volume attracts bad actors too. Filter hard for these markers:
- Written proof of funds. A legitimate buyer shows bank evidence they can close without financing. No proof, no contract.
- A licensed Florida title company or attorney closing. Never sign a deed outside of a formal closing, and never sign one in exchange for a promise of future payment.
- No upfront fees, ever. Real buyers pay you at closing. Anyone who asks a distressed seller for money before closing is a red flag by definition.
- A real deposit. An earnest money deposit held in escrow shows commitment. Tiny or missing deposits invite the buyer to walk costlessly.
- Reasonable inspection terms. A short walkthrough window is normal. A long open-ended “due diligence” period with assignment rights can mean the buyer is shopping your contract to other investors rather than planning to close.
- Local verifiability. Reviews, a real address, and closed transactions you can confirm. Our guide on whether we buy houses companies are legit lists the vetting steps in order.
HomeWise provides all of the above as a matter of course: written offers with proof of funds, licensed Florida title company closings, no fees, and close dates in writing.
The bottom line
Selling a house as-is in Florida is legal, common, and often the most sensible route for a home with real condition issues. The as-is clause protects you from repair demands, and Florida’s standard contract is built around it. What it does not do is suspend Johnson v. Davis: known, hidden, material defects must be disclosed, the flood form is mandatory at contract, and concealment creates exactly the liability the as-is label seems to promise protection from.
Disclose honestly, choose the sale route that matches your condition and timeline, and the process is straightforward from the first offer to the closing table. If you want a fast, certain exit with no repairs, no showings, and no fees, request a no-obligation cash offer from HomeWise and get a number for your Florida home within 24 hours.
