In real estate, the term “as-is” is often used like a magic wand. Some sellers think they can wave it and it relieves them of all responsibilities. Of course, that’s not true, but what does “as-is” really mean under Florida law? And, more importantly, how does it affect a seller’s obligation to disclose known property issues?

What Does “As-Is” Actually Mean in Florida?

In an as-is real estate sale, the seller is essentially saying, “What you see is what you get.” They are generally not going to make any repairs or improvements as a condition to close. Buyers are free to conduct inspections, but they shouldn’t expect the seller to fix anything uncovered during the process.

That said, it doesn’t mean sellers can stay silent about known problems. It also doesn’t mean you can’t renegotiate the sale price upon discovering looming expensive repairs – negotiating in this specific situation is why you want to have an experienced realtor working for you. 

As-Is Sales Still Require Disclosure

Florida law requires sellers to disclose any known material defects that are not readily observable and that could significantly affect the property’s value. This is just as true for as-is sales as it is for any other real estate transaction. 

In Florida, disclosure obligations stem from the Johnson v. Davis (1985) ruling, which is a legal precedent that requires sellers to inform buyers of any known material defects that aren’t readily apparent. If a seller fails to disclose property defects, the buyer may rescind the offer or even take legal action.

Material defects must be disclosed, as these issues could impact a buyer’s decision to purchase the home, or at a minimum, influence how much they’re willing to pay. Some examples of defects that must be disclosed include:

  • Roof leaks or structural damage
  • Mold or pest infestations
  • Non-functioning systems (plumbing, electrical, HVAC)
  • History of flooding or drainage problems
  • Environmental hazards (asbestos, radon, etc.)

If sellers are aware of something that could affect the property’s safety or value, it’s incumbent upon them to disclose it, regardless of the “as-is” label. While it may seem like selling a home “as-is” can simplify the transaction, it’s not a shortcut around disclosure duties. 

Protect Yourself and Your Investment

When it comes down to it, one of the best ways to protect yourself when selling a home in Florida is to be honest with your disclosures. Being upfront protects you from liability, helps build buyer trust and can even speed up the closing process by preventing post-inspection surprises.

If you need help with a Florida real estate transaction, the legal team at the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc. can help guide you through every step, from contract review to closing. Contact us today to ask your questions and ensure your interests are protected.