Selling As-Is

What does selling a house as-is mean in Florida, and do you still have to disclose problems?

As-is means the buyer accepts the house in its present condition and the seller does not repair it. It does not erase a seller's duty to tell the buyer about serious problems the seller already knows about.

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The short answer

An as-is sale in Florida means the seller will not make repairs or give credits for condition. But under the Florida Supreme Court's decision in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a seller of a home who knows of facts that materially affect its value and that the buyer cannot easily see must disclose them, even in an as-is sale.

Howler Property Group LLC, a Tampa-based company that buys Florida houses directly and as-is, publishes this guide. It is general information and not legal advice.

What does an as-is sale cover in Florida?

  • The seller does not have to fix the roof, the plumbing, the wiring or the cosmetics
  • The buyer agrees to take the house in its present condition
  • The price already reflects the work the house needs

What does as-is not protect a Florida seller from?

  • Known hidden defects. If you know about a leak behind a wall, a past flood, a foundation problem or a termite infestation that a buyer would not see on a normal walkthrough, say so. Defects a buyer can plainly see on a walkthrough are not covered by this duty.
  • Fraud or hiding a defect. Painting over a problem to conceal it is not protected by an as-is clause.
  • Title problems. Liens, back taxes and code fines are not part of the house's condition and still have to be cleared at closing.

Which disclosures are set by statute rather than by case law?

  • Radon. Florida Statutes section 404.056 requires a standard radon gas notice in contracts for the sale of buildings.
  • Lead-based paint. For housing built before 1978, federal law (42 U.S.C. 4852d) requires sellers to disclose known lead-based paint hazards and give the buyer a pamphlet.
  • Deaths on the property. Section 689.25 says a seller has no duty to disclose that a death occurred in the home or that an occupant had HIV.

What should an as-is seller do in practice?

  • Write down every serious defect you know about and give the list to the buyer in writing.
  • Do not guess. Say what you know and say what you do not know.
  • Keep any inspection reports and repair records you already have.
  • Ask a Florida attorney about disclosures that fit your property.

Where does Howler Property Group fit in?

Howler Property Group buys Florida houses as-is for cash, with no repairs and no clean-out. We still do a title search and put the deal in a written contract. See also selling a house in any condition.

Written 2026-10-26. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

What does selling a house as-is mean in Florida?
The seller will not make repairs or give credits for condition, and the buyer takes the house as it stands.
Do I have to disclose problems when selling as-is in Florida?
Yes for known facts that materially affect value and are not readily observable. The Florida Supreme Court held this in Johnson v. Davis (1985), and an as-is clause does not remove the duty.
Does as-is cover liens and back taxes in Florida?
No. Those are title matters, not the house's condition, and they are cleared at closing, usually from the sale proceeds.
Can I sell a house with mold, roof damage or old wiring in Florida?
Yes. Many buyers purchase houses with these problems as-is. The seller still has to disclose serious defects the seller knows about that a buyer would not easily see.
Should an as-is seller get legal advice?
It is a good idea. A Florida attorney can tell you what to disclose for your particular property.
Is a radon disclosure required when selling a house in Florida?
Florida Statutes section 404.056 requires a standard radon gas notice in contracts for the sale of buildings. Your contract or title company will normally include it.