Selling a House As-Is in Florida: What the Law Requires and Your Options
By Alon Melamed, Head of Acquisitions · Updated
Short answer: yes, you can sell a house as-is in Florida. It means you will not make repairs and the buyer takes the home in its current condition. But as-is does not cancel your duty to disclose: under Johnson v. Davis (1985), a Florida seller must tell the buyer about known defects that affect the home’s value and are not easy to see. Every residential seller must also give the buyer a flood disclosure, required since October 1, 2024 and expanded on October 1, 2025.
What "As-Is" Means in a Florida Contract
Most Florida home sales use one of two contract forms written by Florida Realtors and The Florida Bar. The AS IS contract puts no repair obligation on the seller. In exchange, the buyer gets an inspection period, a number of days written into the contract, and may cancel during it for any reason and get the deposit back. The standard contract is the alternative: it makes the seller pay for certain repairs up to dollar limits written into the contract.
So "as-is" protects you from repair demands, not from a buyer walking away. A buyer who finds a bad roof during the inspection period can still cancel, or offer a lower price, and you decide whether to accept.
What You Still Have to Disclose
1. Known hidden defects
The Johnson v. Davis rule has three parts: you know about it, it materially affects the value, and the buyer cannot readily see it. Typical examples are a roof that leaks, past water intrusion or mold, foundation or sinkhole problems, unpermitted additions and plumbing or electrical defects you know about. You do not have to inspect for problems you are unaware of, but hiding a known one can cost you the sale and a lawsuit.
2. The flood disclosure
Florida Statutes §689.302 requires every seller of residential property to hand the buyer a flood disclosure at or before signing the contract. Since October 1, 2025 it asks whether you know of any flooding that damaged the property while you owned it, whether you filed a flood insurance claim, and whether you received help from any source to repair flood damage.
3. Notices every Florida contract carries
- Radon gas. A standard radon notice must appear in at least one document of the sale (Florida Statutes §404.056).
- Property taxes. A notice that the buyer’s taxes may be higher than yours after the sale (Florida Statutes §689.261).
- HOA. If the home is in a homeowners association, a disclosure summary before the contract is signed (Florida Statutes §720.401). Condos have their own document and inspection rules.
- Lead-based paint. For homes built before 1978, the federal lead disclosure form and pamphlet.
Three Ways to Sell a House As-Is in Florida
| List as-is with an agent | Sell it yourself | Sell to a cash buyer | |
|---|---|---|---|
| Price | Market price for its condition | Market price for its condition | Below after-repair value |
| Commission | About 5.7% on average | None, or only a buyer’s agent | None |
| Showings | Yes | Yes, you run them | One walk-through |
| Buyer financing risk | Yes; lenders and insurers can reject the house | Yes | No loan involved |
| Time | Weeks to months | Weeks to months | Days to a few weeks |
Selling without a realtor in Florida
Florida does not require an agent or an attorney to sell a home. If you sell by owner you will need to price it from recent nearby sales, market it, show it, negotiate the contract, deliver the disclosures above, and hire a title company or real estate attorney to close. Many by-owner sellers still pay a buyer’s agent, because most buyers come with one.
How to Price a House You Are Selling As-Is
- Know what a buyer will find. A pre-listing inspection costs a few hundred dollars and removes surprises from the negotiation.
- Get repair estimates for the big items: roof, HVAC, plumbing, electrical, foundation.
- Start from comparable sales, then subtract what a buyer would spend to bring the house up to the condition of those comparables.
- Remember insurance. In Florida, a roof near the end of its life or an outdated electrical panel can make a home hard to insure, which narrows the buyers who can get a mortgage on it.
Selling As-Is During Probate
Inherited homes are often sold as-is because the heirs do not want to fund repairs on a house they will not live in. The personal representative of the estate can sign the contract, with a court order if the will does not give a power of sale. Our guide to selling an inherited house in Florida covers the steps.
What It Costs to Sell
Selling as-is saves the repairs but not the closing costs. With an agent, a Florida seller typically pays about 7% of the price at closing. Our seller closing cost calculator shows the figure for your price and county. When you sell to us, we buy as-is, there is no commission, and we pay the closing costs.
Frequently Asked Questions
Can you sell a house as-is in Florida?
Yes. Florida law lets you sell a home in its current condition without making repairs, and the widely used Florida "AS IS" residential contract is built for it. You still have to disclose known hidden defects and give the buyer a flood disclosure.
Do I have to disclose problems if I sell as-is in Florida?
Yes. Under the Florida Supreme Court’s decision in Johnson v. Davis (1985), a seller must disclose known facts that materially affect the value of the home and are not readily observable to the buyer, and an as-is clause does not change that. Since October 1, 2024 every residential seller must also complete a flood disclosure.
Can a buyer back out of an as-is contract in Florida?
Usually yes, during the inspection period. The Florida AS IS contract gives the buyer a set number of days to inspect and lets them cancel in that window for any reason and get their deposit back. After the inspection period ends, the buyer’s remaining exits depend on the contract, such as financing or title problems.
Can I sell my house in Florida without a realtor?
Yes. Florida does not require a real estate agent or an attorney to sell a home. You need a written contract, the required disclosures and a title company or attorney to handle the closing. You save the listing commission but take on pricing, marketing, showings and negotiation yourself.
What repairs are required to sell a house in Florida?
None by law. But a buyer’s lender or insurer can insist on some. Government-backed loans have minimum property standards, and an old roof or outdated electrical, plumbing or HVAC can make a Florida home hard to insure, which shrinks the pool of buyers who can finance it.
Do I pay taxes when I sell my house as-is in Florida?
Florida has no state income tax. For federal tax, if the home was your main residence for two of the last five years, you can usually exclude up to $250,000 of gain ($500,000 for a married couple filing jointly). The seller also pays the state doc stamp tax on the deed, $0.70 per $100 of the price.
Alon Melamed is Head of Acquisitions at CASA One Residential, the Jacksonville company behind Florida Cash Home Buyer. He leads the team that reviews each house and makes the cash offers to homeowners across northeast Florida.
Sources
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985): seller’s duty to disclose
- Florida Statutes §689.302: flood disclosure in residential sales
- Florida Statutes §404.056: radon gas notice in sale contracts
- Florida Statutes §689.261: property tax disclosure
- Florida Statutes §720.401: HOA disclosure summary
- U.S. EPA: lead-based paint disclosure rule for homes built before 1978
- IRS Topic 701: sale of your home
This guide is general information about Florida real estate, not legal, tax or financial advice. Rules and fees change; check your own situation with a Florida real estate attorney, title company or tax professional.