Florida As-Is Seller Checklist
Selling "as-is" doesn't remove your legal obligations as a seller — it just means you're not agreeing to make repairs. This checklist walks through what actually needs to happen in a Florida as-is sale, in order, with links to the primary sources behind each step.
1. Know your disclosure duty — as-is doesn't waive it
Florida law requires sellers to disclose known material defects that aren't readily observable to a buyer, regardless of whether the sale is "as-is." An as-is clause addresses who pays for repairs; it does not eliminate the duty to disclose known problems like a bad roof, past flooding, or foundation issues. Get this wrong and you can face liability well after closing.
2. Get the purchase contract reviewed before signing
Whether you're using a standard Florida Realtors/Florida Bar contract form or a buyer's own paperwork, the contract terms — inspection period, earnest money, closing date, who pays which costs — are all negotiable and worth a second set of eyes before you sign. The Florida Bar's consumer pamphlet Buying a Home explains these contract mechanics from the buyer's side, which is equally useful for understanding what you're agreeing to as the seller.
3. Confirm title is clear, or find out early if it isn't
Liens, judgments, old mortgages that were never properly released, and unresolved estate issues can all cloud title and delay or derail a closing. A title company or real estate attorney can run a title search early in the process, well before you're under contract with a firm closing date, so surprises don't show up during someone else's timeline.
4. Verify who you're actually selling to
If you're selling to a cash buyer rather than listing traditionally, verify proof of funds, confirm the buyer's business is real (a verifiable address and a track record, not just a phone number), and read the contract's language on inspection periods and contingencies. The Florida Bar's pamphlet How to Safeguard Against Fraud When You Buy Property is written for buyers but the verification principles apply directly to vetting the buyer on the other side of your table. We also cover this from the seller's side in How to Choose a Cash Buyer for Your Home.
5. Understand who pays what at closing
Florida convention (not law) typically has the seller pay for the owner's title insurance policy and documentary stamp tax in most counties, though this is negotiable and varies in a few counties. Confirm this in writing in your specific contract rather than assuming convention applies. See our closing costs breakdown for the specific line items.
6. Close through a licensed, neutral third party
Closing should go through a licensed Florida title company or real estate attorney, not a buyer's own in-house operation. This is the single biggest protection in the transaction — a neutral closer holds funds, verifies title, and records the deed correctly regardless of which side of the deal is pushing for speed.
Sources cited in this checklist
- The Florida Bar — Buying a Home
- The Florida Bar — How to Safeguard Against Fraud When You Buy Property
- Florida DBPR — professional license verification, useful for confirming an agent's or contractor's license if either is involved in your sale
Ready to talk through an as-is sale? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Hillsborough County, Polk County, and Duval County.