The Florida "As-Is" Contract: What Miami Home Sellers Need to Know
What Does "As-Is" Mean When Selling a Home in Florida?
In Florida, selling a home "as-is" means the seller is not obligated to make repairs or provide credits — but it does not mean buyers accept the home without inspection. Under the Florida FAR/BAR As-Is Residential Contract, buyers retain a full inspection period (typically 10-15 calendar days) during which they can cancel for any reason at their sole discretion and receive their full deposit back. Sellers listing as-is are also still legally required to disclose all known material defects that affect the property's value and are not readily observable.
By Lynley Ciorobea | June 2, 2026
If you've ever heard someone say "we're selling as-is, so the buyer knew what they were getting," you've heard one of the most expensive misconceptions in Florida real estate.
The Florida "as-is" contract is the dominant purchase agreement used in Miami and throughout South Florida. Most sellers sign one. Most sellers also don't fully understand what they've signed — until a repair demand shows up after the inspection and everything they thought they understood about the deal starts to unravel.
Here's what the contract actually says, what it actually protects you from, and what it doesn't.
What "As-Is" Actually Means — and What It Doesn't
The Florida FAR/BAR As-Is Residential Contract for Sale and Purchase is the standard form approved jointly by the Florida Association of Realtors and the Florida Bar. When you sell under this contract, you are not required to make repairs, give credits, or address "Defective Inspection Items" the way you would under the standard (non-as-is) FAR/BAR contract.
That's the protection the as-is contract gives you: no mandatory repair obligation.
What it doesn't do is protect you from the inspection itself — or from the three misconceptions below that trip up sellers in Coral Gables, Pinecrest, and Coconut Grove every week.
Misconception 1: The buyer accepted the home's condition when they signed.
They didn't. Under the as-is contract, the buyer gets a full inspection period — the contract default is 15 calendar days from the effective date, though in Miami's luxury market this is commonly negotiated to 10-15 days. During that window, the buyer can hire any inspector they choose: general home inspection, wind mitigation, 4-point, structural engineer, roof certification — all of it. You cannot prevent this. You also cannot refuse access without creating a legal problem for yourself.
Misconception 2: If the buyer finds something, they can't walk away and keep their deposit.
Actually, they can walk away for any reason at all — and get every dollar of their deposit back.
Paragraph 12 of the Florida FAR/BAR As-Is Contract states that the buyer's right to cancel during the inspection period resides in the buyer's "sole discretion." They don't have to point to a specific defect. They don't have to give you any reason. A buyer can walk away from a perfectly maintained home in Pinecrest — a home with a brand-new roof, updated systems, recent permits — and receive a full deposit refund, as long as they deliver written notice before the inspection deadline.
This is why the inspection period deadline matters so much. All time periods in the as-is contract run on calendar days, not business days. If the deadline falls on a Sunday, it extends to Monday. Once that window closes, the buyer generally loses the right to cancel based on condition. Your attorney or closing agent should be tracking these dates from day one.
Misconception 3: Selling as-is means you don't have to disclose anything.
This is the most legally consequential misunderstanding of the three.
Selling as-is does not eliminate your disclosure obligations. Under Florida law, sellers must disclose all known material facts that negatively affect the property's value and are not readily observable to the buyer. That legal obligation exists regardless of what the contract form says.
If there's a roof leak you know about, a history of flooding in the garage, a plumbing issue you addressed without pulling a permit, or an HVAC system running on borrowed time — you have to disclose it. Failure to do so can expose you to legal liability after closing, even if the buyer signed an as-is contract and even if the transaction is already complete.
"As-is" defines your repair obligation. It doesn't define your disclosure obligation. Those are two separate things governed by two separate legal frameworks. For a detailed breakdown of exactly what Florida law requires you to disclose before listing, here's a complete guide to seller disclosure requirements in Miami.
As-Is vs. the Standard Contract: Which Should You Prefer?
There are two versions of the Florida residential purchase contract: the As-Is form and the Standard (non-as-is) form. Most buyers and agents in South Florida default to the as-is form — it's simpler, more familiar, and considered more "user-friendly." But simpler isn't always better for the seller.
Here's the core trade-off:
Under the standard contract, the buyer can identify "Defective Inspection Items" — specific categories of material defects — and the seller has a defined obligation to address them (up to a negotiated cap). The buyer is more locked into the deal.
Under the as-is contract, the seller has no repair obligation. But the buyer has a much easier exit: cancel during the inspection period, no reason required, full deposit returned.
For a seller with a well-maintained property and no expectation of major inspection findings, the standard contract may actually produce a stronger deal by making it harder for a buyer to exit. For most Miami transactions, though, the as-is form is what you'll see — which is exactly why understanding how it works matters so much.
When the Buyer Asks for Repairs Anyway (Because They Will)
Here's something that surprises many sellers: even under an as-is contract, buyers routinely submit repair requests after the inspection. They can't legally require you to fix anything — but they can ask, and they can use the threat of cancellation as negotiating leverage.
You have complete control over how you respond. You can:
Agree to make specific repairs
Offer a closing credit instead of doing the work yourself
Make partial accommodations (some items yes, some no)
Decline entirely — you're not required to respond at all
None of those responses are wrong by default. The right answer depends on the deal economics, your backup position, and what the request actually involves.
What I tell my sellers: think through this before the first offer arrives, not after the inspection report lands in your inbox at 9 p.m. on a Thursday. In the current Coral Gables market — where the sale-to-list ratio is running around 93.3% and roughly 30% of active listings are taking price reductions — a motivated buyer is worth keeping. That doesn't mean agreeing to everything. It means being strategic.
A blanket refusal on a reasonable health-and-safety item can cost you more than the repair would have. On the other hand, if your property is well-positioned and you have other interested parties, you have real leverage to hold firm on cosmetic or low-priority items.
What matters most is that any agreement you reach gets documented in a written addendum signed by both parties before the inspection period expires. Verbal agreements in a real estate transaction are unenforceable.
To understand how the inspection period unfolds in full — including what the buyer is doing, what they can ask for, and what your timeline looks like — here's a complete breakdown of Florida's inspection period from a seller's perspective.
Practical Takeaways for Miami Sellers
A few things worth having clear before you list:
Know the inspection deadline — and make sure someone is tracking it. Every day counts. Your attorney or closing agent should have a calendar with every contract deadline from the moment the offer is accepted. Here's a walkthrough of the full timeline after you accept an offer in Florida.
Get ahead of disclosure before you go to market, not after. If you know about an issue, the time to strategize is before the listing photos are taken. Your agent and your attorney can help you think through the disclosure, the pricing implication, and whether a pre-listing repair makes more financial sense than a post-inspection credit demand.
Understand the earnest money picture before you accept an offer. A buyer with meaningful skin in the game is more likely to push through a difficult inspection than a buyer with a nominal deposit. The amount matters — here's what Miami sellers should know about earnest money and how it factors into evaluating competing offers.
If you're weighing as-is versus standard contract offers, talk through the trade-offs with your agent before you counter. The right answer depends on the buyer, the financing, and your specific situation. It's not always obvious from the headline number alone.
The as-is contract is nearly universal in Miami. What isn't universal is sellers fully understanding what they've signed. The more clearly you understand the contract, the more confidently you can navigate what comes after the offer.
If you're preparing to list and want to walk through how this applies to your specific home and situation, I'm happy to talk through it. That's exactly the kind of conversation I have with every seller I work with before we go to market.
Frequently Asked Questions
Does selling a home as-is mean buyers can't ask for repairs in Florida?
Under the Florida FAR/BAR As-Is Contract, buyers cannot require the seller to make repairs. However, buyers often submit repair requests anyway and use the threat of cancellation as negotiating leverage during the inspection period. Sellers can decline any request, offer a credit instead, or agree — there's no legal obligation to respond at all.
Can a buyer back out of an as-is contract in Florida?
Yes. During the inspection period (typically 10-15 calendar days from the effective date), the buyer can cancel the contract for any reason — at their sole discretion — and receive their full deposit back. Once the inspection period expires, the buyer generally loses that unilateral cancellation right based on property condition.
Do I still have to disclose defects if I sell my home as-is in Florida?
Yes. The as-is designation affects the seller's repair obligation, not the seller's disclosure obligation. Under Florida law, sellers must disclose all known material facts that negatively affect the property's value and are not readily observable. Failing to disclose known defects can create legal liability after closing, even under an as-is contract.
What's the difference between the Florida as-is contract and the standard contract?
Under the standard FAR/BAR contract, the buyer can identify specific "Defective Inspection Items" and require the seller to address them within defined limits. The as-is contract removes that obligation — the seller has no repair requirement. The trade-off is that the as-is contract gives buyers a broader exit: they can cancel for any reason during the inspection period and receive a full deposit refund.
How long is the inspection period in a Florida as-is contract?
The inspection period is negotiable. The contract default is 15 calendar days from the effective date, but in practice it's commonly negotiated to 10-15 days in Miami's luxury market. All time periods in the as-is contract run on calendar days, not business days. If the deadline falls on a weekend or legal holiday, it extends to the next business day.
The as-is contract is nearly universal in Miami real estate — but the misconceptions around it are just as common. Knowing what it actually says about inspection rights, cancellation, and disclosure keeps you in a stronger position from the first offer through to closing.
If you're preparing to sell and want to walk through exactly how this works for your home, reach out anytime. It's the kind of conversation I have with every seller I work with before we list.
About Lynley Ciorobea
Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market.
A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. Her deep roots in Miami give her a nuanced understanding of the architecture, lifestyle, and character that make each neighborhood distinct. From classic Old Spanish homes in Coral Gables to newer construction in South Miami and Pinecrest, she brings a local perspective that goes far beyond surface-level market knowledge.
Over the years, Lynley has naturally become a trusted resource for homeowners preparing to sell. Many of her clients come to her long before their home ever hits the market, looking for guidance on timing, pricing, improvements, and how to position their property thoughtfully. She approaches each listing as a strategic launch rather than a simple transaction, combining market insight, negotiation experience, and elevated marketing to help sellers move forward with clarity and confidence.
As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. She leads each transaction from initial strategy through closing, ensuring that every detail — from pricing and preparation to storytelling and exposure — reflects the uniqueness of the home itself. Her work often centers on architecturally interesting properties and homes where thoughtful positioning can make a meaningful difference in outcome.
Throughout her career, Lynley has consistently ranked among the top real estate agents in Miami. She has been recognized as part of EWM's Chairman's Club, placing in the top 5% of the company; in 2022 she was honored as the #2 individual agent at the company overall with $37 million in annual sales; and she's a leader in Miami with Real Broker. With more than $100 million in career transactions and more than 60 5-star Google reviews, her experience spans a wide range of property types while maintaining a strong focus on seller representation in southern Miami.
Beyond her work with clients, Lynley is known locally for her market insight and community-focused content. Through her weekly newsletter, neighborhood videos, blog posts, and social media, she shares thoughtful perspectives on the Miami real estate market and the lifestyle that surrounds it. Her approach is informative without being overwhelming, offering homeowners a clear understanding of how market conditions affect real decisions.
If you're preparing to sell a home in Coral Gables, Coconut Grove, South Miami, Pinecrest, Palmetto Bay, or nearby areas, Lynley offers a local perspective shaped by experience, relationships, and a genuine understanding of what makes Miami homes so special. Learn more at lynleyresidential.com.