Selling a Home As Is in Florida (A-to-Z Guide)

Before we get to the specifics, we first need to define ‘as is.’

An ‘as-is’ house sale means the homeowner doesn’t want to do any work to prepare their property for a sale. The seller wants to simply sign the legal paperwork and turn the keys over to the buyer.

This seller won’t repair or restore the house. What the buyer sees is what they receive. Nothing else is implied or promised.

Both For-Sale-by-Owner sales, known in the industry as a “FSBO,” and agent-assisted sales can have a provision for selling a house in Florida with an ‘as is’ condition clause.

Yes! You can sell a home ‘as is’ in Florida.

While Florida law allows you to sell ‘as is,’ it also requires you to allow buyers to do an inspection before finalizing the sale.

If that detailed inspection finds something the buyer can’t live with, they have the legal right to back out of the sale without any penalty.

There is a catch for the buyer — all inspections must take place within 15 days from the date on the signed sales contract.

Selling a Florida house in ‘as is’ condition also means you’ll use a special contract written by real estate and legal professionals specifically for that type of sale.

The “FR/BAR ‘As-Is’ Contract” has the special ‘as is’ condition clause. The other sales contract in Florida is called a “standard” form.

So how do I go about selling my house ‘as is’ in Florida? The first detail is an important legal requirement involved in Florida home sales — making the disclosure.

Any condition that can materially impact the value of the house needs to be disclosed to potential buyers.

Florida laws require certain known facts to be shared with buyers. The seller of an ‘as is’ house, however, doesn’t need to hire home inspectors in order to make a disclosure.

What you know from owning the house is enough information to fill out the form.

If you’ve never occupied the house, you’ll still need to share any known conditions that might decrease the home’s value.

While a legal disclosure is required — and there’s a state-recommended form to use — filling out the written form isn’t legally required. You decide if you want to write things down.

Professional ‘as is’ buyers typically aren’t concerned with disclosures. It’s advisable to consult a legal expert with experience in ‘as-is’ home sales if you have a list of major issues to disclose.

Florida disclosure laws limit the sellers’ liability for information shared on a form to five years.

What known facts legally need to be shared to potential buyers? Let’s start with some that you might guess would be required.

If your house is haunted, buyer beware! No, Florida haunted houses don’t require a disclosure.

The same is true with a bedbug infestation. Bugs are probably something you should tip the buyer to, but it’s not legally required.

Ghosts and bugs can escape disclosure, but that’s not the case with the following home issues.
Florida law requires these conditions to be disclosed to buyers.

• Selling a house with foundation issues or any structural damage should have those issues disclosed. This includes fire damage, termite damage, and failed septic systems.

• If you’re aware that fracking (underground hydraulic fracturing to extract natural resources) has negatively impacted the property, that must also be disclosed.

• Selling a house when you know of hazardous conditions, such as the presence of polybutylene pipes and lead pipes, mold, lead paint, radon, exceeding Florida gas radiation norms need disclosing.

• Selling a house with asbestos requires a disclosure.

• The details of any flooding, location of the house in a federally designated flood zone and any structural water damage need to be shared with potential buyers under Florida law.

• Selling a house without work permits for any improvements made to it needs a formal disclosure. Same with houses that have Florida health or safety code violations issued by government officials.

• Selling a house for a higher price than the tax appraisal might mean extra taxes for the new owner. Florida tax disclosure regulations require you to let the new buyer know that their property taxes could increase with the sale.

If your house is filled with stuff you don’t want, you might ask, “Can you leave stuff behind when you sell your Florida house ‘as is’?” If the buyer agrees to accept the stuff, leave it.

Be sure to disclose exactly what you’re leaving for the buyer to handle.

Expert Insight

What are the common pitfalls related to properly disclosing the home’s condition?

They don’t disclose. In Florida, a Seller’s Property Disclosure form is not required by law.

I am mostly a listing agent, meaning that 80% – 90% of my business is helping people sell. For this reason, I always have them fill out a Seller’s Property Disclosure form to cover them legally.

I explain why it is necessary and the importance of full disclosure. Full disclosure helps them preclude legal problems after the sale.

— Desiree Avila, Avila Real Estate LLC, Broker/Owner

Florida home sellers face unique challenges with weather and topography-related issues. Most of the state sits at sea level and flooding is a real potential in many areas.

Additionally, with water intrusion from above from tropical storms, rain storms, tropical depressions and even pulsating sunlight, roofs and mold are legitimate issues for Florida homes.

I used to live in Georgia where roofs last 20-30 years. However, in Florida, you may not even qualify for homeowners insurance if your roof is older than 10-15 years.

Florida has laws set up to require sellers to disclose this information.

However, there is a loophole in that Florida has a “No Seller Disclosure” option for sellers that have never lived in the home (perhaps it was an inheritance as we are God’s waiting room, an investment property, a foreclosure flip, etc).

Morally strong sellers will disclose required issues because it’s the right thing to do, but bad actors can choose the “I never lived there and didn’t know” option which puts the buyer at risk.

Additionally, Florida has sugar sand, so ground movement can cause issues due to major events like sinkholes to less catastrophic situations (but still extremely expensive to repair) such as foundation issues.

I recommend that any buyer in Florida pay the money for a reputable home inspection.

While a home inspection won’t likely find every issue, it should most identify major issues that were not disclosed, whether the seller did know or did not.

— Krista Goodrich, The Boss Lady Investor LLC, Chief Boss Lady

Sellers that forget to disclose past issues with the home, including plumbing leaks, roof leaks, insurance claims on the home, prior mold issues, can all derail the transaction.

Selling “as is” does not relieve the seller from discussing known issues. It is always good practice to disclose everything. It promotes a feeling of confidence amongst buyers, rather than doubt.

— Kellie Bowling, Compass Florida LLC, Real Estate Broker Associate

Not updating forms after inspections. If a buyer backs out during the inspection period and provides you with an inspection report outlining new, previously unknown defects, those newly discovered defects must be disclosed to the next prospective buyer.

Also, Florida law explicitly mandates specific disclosures. Sellers must disclose any Federal aid received or claims filed due to flood damage, as well as any historical sinkhole claims.

— Matt Brown, Matt Brown Real Estate, Real Estate Agent Broker Associate

The common pitfalls would be slowing down closing or stopping closing entirely.

For instance, failing to notify something in regards to title, like another owner or an heir that hadn’t been dealt with — that could be not disclosing title issues and that can mean we have to find the people after the fact which will delay closing.

Unpermitted work that was done to the property or permanent work that has open permits left that title needs to clear in order to actually close on the property.

This may need additional work before closing even happens or to contact the contractor or owner who submitted the permit originally to finish up whatever needs to happen there.

Sometimes failure to disclose certain things that can cost significant money, such as wetlands and the remediation thereof needed in order to build, can drastically change the ability to pay a certain amount for a property which can kill the deal entirely.

— Bryce Spraggins, My Fair Market Offer, Founder

One of the biggest issues with as-is sales is insurance. Hurricanes are a regular annual risk here, and the insurance market is struggling to handle it.

Many as-is homes are on the market because they need major post-storm repairs or will require astronomical insurance premiums after purchase.

You’ll want to get the home carefully inspected, look at flood zone maps to determine your risk level, and get insurance quotes before committing.

— Martin Orefice, Rent To Own Labs, CEO

Should you sell your Florida house as is or fix it up? Compiling a list of the costs of repairs will help you make that decision.

Any extra mortgage payments, utility bills or property taxes you need to make while waiting for repairs to be done in a slow sales transaction might also motivate you to sell your house ‘as is’ and to a cash property buyer.

Why sell a Florida house ‘as is’? Making a list of pros and cons can help you answer that question.

Pros of Selling Your House As Is

1. The biggest advantage of selling ‘as is’ involves the time savings, particularly when you sell to a Florida cash home buyer.
2. Selling ‘as is’ means you don’t need to search for contractors or supervise the repair work.
3. If you are selling ‘as-is’ to a real estate investor, you can do it privately. No nosy neighbors will be examining the up-close-and-personal details of your property by coming to an open house.
4. You can also usually avoid inspections with ‘as-is’ sales. Any inspections done by a licensed Florida professional inspector need to be disclosed to all buyers. You’ll avoid this hassle.
5. You can leave stuff behind when you sell your Florida home ‘as is’ with many cash buyers in the Sunshine State.

Cons of Selling Your House As Is

1. The biggest disadvantage of selling a house ‘as is’ involves the price. It’s typically a lower price compared to a turnkey house that has repairs done before marketing.
2. Another negative is the problem of locating buyers unless you are selling your house to a cash property buyer in Florida. If you don’t have the network to find buyers, this might be difficult. Florida has a robust real estate market and without specific knowledge in selling ‘as-is’ property, you’ll be at a marketing disadvantage.
3. Florida requires detailed contracts and disclosures, and you are the point person for all the legal paperwork. Mistakes here could mean failing to close the sale. Educating yourself on the typical closing costs for sellers takes time.

Once you’ve answered the question, “Why sell a Florida house ‘as is?’ it’s time to make another key decision — to sell by owner (FSBO) or to hire a professional agent.

How to Sell a House As Is, Fast and For Cash Directly to an Investor

Should you sell your house to an investor? A brief overview of how investing works should help you answer that question.

Who Are Cash House Buyers?

Cash house buyers are just that — individual investors or groups of professional investors with cash to buy investment properties in Florida.

Real estate investors in Florida look for real property investment opportunities, particularly buying property for rental income.

Cash house buyers work with sellers in a number of situations, including:

• Cash buyers frequently purchase ‘as is’ when they find someone selling a house that needs work.

• Investors look for owners selling a property in a divorce situation.

• Cash buyers look for owners selling a property under probate, particularly when the house and owner are located in different states.

• A person selling a house for job relocation is a good match with a cash investor.

• Investors buy from homeowners selling a house with a tax lien. Owing federal, state or local taxes or owning a house with an unpaid property tax bill offer investment opportunities for cash buyers.

Investor-friendly title companies in Florida work with sellers and cash house buyers to transfer legal title to the property during the sales process.

Title searches and certifications protect both buyer and seller so the property is transferred without any “clouds” on the legal title.

Pros of Selling Your House As Is Directly to an Investor

1. Sell your house fast with an investor.
2. You won’t have to wait until the buyer gets approved for a mortgage.
3. No mortgages or loans mean no formal appraisals.
4. Investor sales eliminate the seller’s commission fees when both sides skip realtor services.
5. Investors offer a purchase price that typically includes all closing costs. The costs are still there, but the buyer pays them.

Cons of Selling Your House As Is Directly to an Investor

1. Investors want to make a profit so they’ll typically offer less than your ideal selling price.
2. The investor is focused on the buying end, and not getting the best deal for you. You’ll have no fiduciary protections like you have with an agent.

Finding the Best Cash House Buying Company

How does selling a house ‘as is’ work in Florida with cash house buyers? The first step is locating a company, and that’s fairly easy. Start with an internet search by using these terms:

• We buy houses Miami FL
• Sell my house for cash Miami FL
• Sell my house fast Miami FL
• Cash house buyers in Miami FL
• iBuyer companies in Miami FL

Substitute your town or the largest metro center near you for your search terms.

Once you locate several firms, take time to research each company by using the “About Us” page on the website.

Look for bios of company leaders and any memberships in professional or industry associations. Reputable firms identify the principals by name.

How to Choose an Ethical Investor?

Unethical investors target people in financial need and those under stress to take advantage of the situation.

There are some ways to protect yourself when requesting a cash offer on your home and help you choose an ethical investor. These include:

1. Ask for personal and business contacts and confirm them.
2. Check any licenses or certifications held by the investor and make sure they’re valid.
3. Ask for a list of other completed real estate investments done by the person or investment company and contact those sellers.
4. Ask for recommendations. Contact the impartial third party used in prior transactions. This might be an escrow and title company or an attorney. Make sure those people are licensed and bonded and they give positive feedback for your potential investor.
5. Check social media for feedback about the person or company. One complaint might be OK, but lots of negative feedback is a red flag.
6. Look for prior legal problems. The Office of the Florida Attorney General posts public legal actions taken against unethical investors. Check that list. Also talk with the office about your potential investor.

Expert Insight

What should home sellers look for when screening cash house buyers?

Verify credentials. Check the investor’s background with the Florida Office of Financial Regulation and local business bureaus to avoid scams.

— Matt Brown, Matt Brown Real Estate, Real Estate Agent Broker Associate

For cash buyers, demand proof of funds upfront. I have seen sellers lose weeks to tire kickers with no real buying capacity.

— Eli Pasternak, Liberty House Buying Group, Founder

Get everything in writing immediately. These companies move fast, which sounds good until you realize they’re pressuring you.

— Betsy Pepine, Pepine Realty, Owner and Real Estate Broker

Ask what entity they close in and ask for a few addresses that they’ve closed on recently. Then, verify in the county records that that entity actually closed on those properties.

There’s a lot of wholesalers out there who never intended on closing on a property and will tie up a property with a contract and hope that they can find a buyer for it.

I have purchased many properties from homeowners that had been left unable to close because they knew an overzealous wholesaler that couldn’t close offered them too much for the property and couldn’t sell it to an end buyer.

— Bryce Spraggins, My Fair Market Offer, Founder

How to Sell a House As Is by Listing It by Owner

Listing your home by yourself, more popularly known as “for sale by owner” (FSBO), can also be a viable strategy to sell your property.

You will be in charge of everything when selling your home on your own, including pricing it to attract your target buyers.

When selling via FSBO, you can use a home market value estimator to determine a competitive price that attracts buyers while maximizing your profit.

Where Can You List a House For Sale by Owner?

It might seem easy to sell a house by owner. You just make a sign and put it on the lawn.

That sign might attract attention, but typically signs yield few qualified buyers — and even fewer buyers for ‘as-is’ houses.

Fortunately, signs aren’t the only way to promote your listing. There are a number of resources for marketing your home, including:

• FSBO listing sites have links to companies who’ll help you market your FSBO house.

• Flat-listing-fee brokers post your listing on the Multiple Listing Service (MLS). The MLS is available to licensed Realtors and gives you a multitude of buyers’ eyes for your for-sale-by-owner property.

• Media websites offer places to advertise your property. Online services like YouTube are an excellent place to host your property videos.

Pros of Selling Your House by Listing It by Owner

The advantages of selling your house by listing it by owner are pretty basic.

You have immediate control over everything involved in the sale. You control the listing and what information you provide to buyers.

The biggest advantage of going it alone is saving realtor costs when selling a house without a broker.

Cons of Selling Your House by Listing It by Owner

The disadvantage of selling your house by listing it by owner is the time commitment involved. You’ll need to be available for showings and to do all the legwork yourself.

Selling houses involves lots of behind-the-scenes work, including legal paperwork and meeting with related professionals required for the closing.

Mistakes mean delays, and errors can mean lawsuits. You’ll need to know all the details about closing costs when selling a home by owner.

You’re also responsible for out-of-pocket expenses for advertising and signage, and FSBO closing costs when listing yourself.

Expert Insight

What are the common pitfalls when selling a house by owner?

Florida FSBO sellers lose legal protection the moment they skip the mandatory disclosure requirements that a listing agent would have flagged. I see this in practice constantly.

A seller prints a generic purchase agreement from the internet, omits the required radon gas disclosure language, skips the separate flood disclosure form, and closes without delivering the lead-based paint pamphlet on a 1972-built home.

Each omission creates an independent cause of action for the buyer post-closing. No amount of savings on commission offsets a fraud claim.

— Chad D. Cummings, CPA, Esq., Cummings & Cummings Law, Chief Executive Officer

The biggest pitfall of FSBO is inaccurate pricing and providing the wrong type of agreement or use of a generic form.

Florida sellers often do not specify the buyer’s closing costs and how long an inspection period lasts or how quickly to close, so that you could lose the fight over your deposit due to a bad deadline.

— Alexei Morgado, Florida Real Estate Sales Associate and Founder of Lexawise

The biggest seller mistake is confusing list price with market value.

Sellers anchor to what a neighbor got 18 months ago without accounting for phantom inventory now hitting the market, units being quietly returned by pre-construction buyers before delivery.

— Andres Vieira, Miami Real Group, Real Estate Advisor

Who Are Real Estate Agents?

A licensed real estate agent in Florida is a professional who helps both buyers and sellers navigate the complex process of buying and selling property.

Agents have basic training in marketing and the legal requirements for Florida real estate transactions. Some have specialized certifications — like working with ‘as is’ properties.

Realtors work under the supervision of a broker and agents must hold state-issued licenses.

Some Florida real estate professionals, such as contract attorneys, aren’t required to hold agent licenses.

Someone using the title “Florida Realtor” is a licensed professional with membership in the state professional trade organization.

Membership means meeting additional requirements and standards, and not everyone in the Florida real estate field is a member of the National Association of Realtors (NAR).

“Agent” and “Realtor” are not necessarily interchangeable terms.

A “single agent” real estate professional gives undivided loyalty to either a buyer or a seller in a Florida transaction.

A “transactional broker” represents both Florida parties in a real estate transaction, but doesn’t give undivided loyalty to either one.

Pros of Selling Your House As Is with a Real Estate Agent

A licensed real estate professional has a fiduciary responsibility for your best interests. That means you receive the best possible price and sales contract for your house sale.

The agent also makes sure everyone involved in the sale follows the Florida real estate legal requirements for buying and selling even when the house is sold ‘as is’.

Cons of Selling Your House As Is with a Real Estate Agent

A major downside of using a Florida agent is the cost of selling a house with a Realtor.

Agent commissions in Florida are negotiable during the contract signing, but the typical agent commission in Florida is between 5-6% of the sales price.

The commission is in addition to other Florida closing costs required for the house sale to finalize.

How to Choose an Ethical Real Estate Agent?

Even though Florida law requires real estate agents to hold a license and work under a licensed broker, a few unethical brokers and agents might attempt to cheat unsuspecting sellers.

Some easy steps to ensure your agent is reputable include:

• Check the agent’s and broker’s licenses with the local real estate board and state licensing agency for any licensure restrictions, holds, or suspensions.

• Ask for recommendations from prior sellers, and make calls to confirm those endorsements.

• Check the agent’s resume for training, special certifications and experience in selling ‘as-is’ homes.

• Look for complaints about the agent by contacting the Florida Better Business Bureau. When using a licensed agent, check for complaints with the Florida Department of Business and Professional Regulation.

You now have all the basics. There are lots of choices to make when selling a house ‘as is’ in Florida, but after reading this article, you have the knowledge and resources to make solid, informed decisions.

Expert Insight

What should home sellers look for when screening real estate agents to hire?

Most sellers interview zero agents and hire the first person who knocks on their door or sends a mailer.

I watch this produce avoidable losses every year. Before signing a listing agreement, search the agent’s license status on the Florida DBPR website and confirm zero disciplinary actions.

— Chad D. Cummings, CPA, Esq., Cummings & Cummings Law, Chief Executive Officer

Screening real estate agents is an important part of the home-selling process. Ask your agent questions beyond what their fees are.

You should ask them what specifics are included with the fee. You should ask what their strategy is to sell your specific home.

You should ask how they overcome inspection challenges during the transaction. You should ask about a recent challenge they experienced, and how they dealt with it.

There are so many additional questions to ask that have nothing to do with the fee they charge for selling their home.

— Kellie Bowling, Compass Florida LLC, Real Estate Broker Associate

Instead of asking for their lifetime sales total, ask for their last five sales in your zip code.

A successful Naples agent may be completely ineffective in Lehigh Acres, so check their actual list-price to sold-price ratio, and their average days that listings stay on the market, rather than relying on their social media status.

— Alexei Morgado, Florida Real Estate Sales Associate and Founder of Lexawise