Buyers and sellers often wonder if buying a house “as-is” absolves sellers of their disclosure requirements. The answer is no.
While selling a property “as-is” in Florida generally means that the seller will not make any repairs or improvements as a condition to close, there are still certain disclosures sellers are required to make. It’s essential for sellers to understand their obligations, even in an “as-is” sale.
Required Disclosures in Florida Real Estate Transactions
Sellers in Florida are required to disclose certain material defects or issues with the property that they are aware of. This includes defects that may not be readily apparent to the buyer but could significantly affect the value or desirability of the property. This is true even when you are selling a home “as is” in its current condition.
Common types of disclosures include those for radon, mold and other hazards, HOA and condo associations, coastal properties, property tax, and pending code enforcement action.
In addition to these disclosures, sellers should also include a comprehensive seller’s property disclosure form in which they disclose various aspects of the property’s condition, including the property’s structural integrity, systems (plumbing, electrical, HVAC), roof condition, appliances, pest infestations, environmental hazards, and previous repairs or renovations.
What Makes a Sale “As-Is”?
In an “as-is” sale, the seller is essentially stating that they are not willing to negotiate repairs or offer concessions based on property conditions. However, it does not relieve the seller of their obligation to disclose known defects or issues that could affect the buyer’s decision to purchase the property.
Failure to disclose material defects, even in an “as-is” sale, can lead to legal consequences for the seller. It’s crucial for sellers to carefully review and complete all required disclosure forms, even when selling “as-is.”
We advise working with a real estate attorney familiar with Florida’s disclosure requirements. An attorney can help ensure that sellers fulfill their obligations while also protecting themselves from potential legal issues down the road. For help, contact our experienced team at the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc.
