Cash Flow Deals

Do You Still Have to Disclose When Selling As-Is in Florida?

Last updated 2026-06-05 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)

Yes, you still have to disclose. As-is never cancels that duty, whether you sell through a traditional listing or a direct buyer like Cash Flow Deals. State law requires sellers to reveal known facts that materially affect the home's value and are not readily visible to the buyer. As-is removes your obligation to make repairs. It does not remove your obligation to be honest. Hide a known major defect and you risk voiding the sale or creating liability, even on an as-is contract.

ItemSelling As-Is in FloridaSelling Traditionally on MLS
Must disclose known defectsYes, the duty still appliesYes, the duty still applies
Required to make repairsNo, buyer takes it as-isOften yes, after inspection
Can hide known major defectsNo, that creates liabilityNo, that creates liability
Buyer can still inspectYes, inspection period usually keptYes
Price can drop after inspectionNo with a locked-price buyerOften, repair credits or re-trade
Cost to seller with Cash Flow DealsFree, CFD paid as a separate closing lineCommission plus repairs

As-Is Removes Repairs, Not Honesty

The most common misread of an as-is sale: people think it lets you stay quiet about problems. It does not. In Florida, an as-is clause changes one thing. You are not required to fix anything. It does not cancel your separate duty to disclose what you already know. Two different things. Sellers who blur them get hurt. You can refuse every repair request a buyer makes and still stand fully within your rights on an as-is contract. What you cannot do is hide a known material defect to make the home look better than it is. The rule is simple. If you know about it, it matters to value, and the buyer cannot easily see it, say so. Then hand over the repair list, because as-is means the condition becomes the buyer's problem the day they sign.

What Florida Law Actually Requires You to Disclose

Florida's seller disclosure duty comes from long-settled state case law, not one statute number. The standard: a seller must disclose facts known to them that materially affect the property's value and are not readily observable by the buyer. Three parts have to line up. You have to actually know the fact. It has to be material, meaning it would change what a reasonable buyer pays. And it has to be hidden, meaning the buyer could not spot it on a normal walkthrough. Classic examples: a stained ceiling from an active roof leak, a history of flooding, a cracked slab, prior sinkhole activity, or a foundation problem. You are not required to hunt for defects you do not know about, and you are not liable for anything a buyer can plainly see. This standard applies whether the contract is as-is or not.

As-Is Does Not Block a Buyer Inspection

Another mix-up: thinking as-is means no inspection. In most Florida as-is contracts, the buyer keeps an inspection period and can cancel during it if they do not like what they find. The difference from a traditional sale is what happens after. You, the seller, are not required to repair anything the inspector flags or hand over repair credits. On a standard MLS deal, that same inspection often turns into a second round of negotiating, and your agreed price slides before closing. On an as-is deal with a buyer who holds the number, the inspection confirms condition for the buyer's own knowledge but never reopens the price. Disclosing what you know up front actually helps here. A buyer who learns about a defect early is far less likely to walk late.

How Cash Flow Deals Handles As-Is Disclosure

Cash Flow Deals connects you with a real bank-financed buyer who purchases your home as-is. You make zero repairs. You still disclose what you know, and that is exactly what keeps you protected. The property's condition becomes the buyer's responsibility from day one. Because the buyer commits to as-is in writing, the price locks the moment you sign. No inspection re-trade. No last-minute number drop after a defect surfaces. The sale closes through one title transfer handled by Title Guaranty of South Florida, a licensed Florida title company, which keeps the ownership change clean and the paperwork simple. The service is free for sellers. Cash Flow Deals is paid as a separate line on the closing statement, not taken out of your price. Disclosing honestly costs you nothing here, because the buyer already plans to own the repairs.

The Risk of Skipping Disclosure

Hiding a known major defect is where as-is sellers get into real legal trouble. If a buyer later proves you knew about something serious, like prior flooding or structural damage, and chose to conceal it, an as-is clause may not protect you. The buyer can have grounds to rescind the deal or pursue damages. A sale you thought was closed can come back to haunt you. The fix is cheap and easy. Write down what you know. Hand it over in writing. Let the buyer make an informed decision. A buyer who knows about a defect and signs anyway has accepted it as part of the as-is deal. That is the whole point of disclosure: it shifts the risk to the buyer the right way.

Cash Flow Deals is a Florida real estate investor that locks in a net price for a seller's house before repairs are scoped, using a novation-based, flat-fee process arranged through its licensed FL brokerage partner, Silver Door Realty — not a traditional listing, and not a brokerage itself.

To start a sale where as-is is a real commitment and the price holds, call 786-891-9111.

Cash Flow Deals' Offer Process:

1. You tell Cash Flow Deals what you know about the property, including any material defects, so the disclosure is handled honestly from the first call.

2. Cash Flow Deals connects you with a bank-financed buyer who reviews the disclosure and sends a no-obligation offer within 24 hours, with the price locked at signing.

3. The sale closes through Title Guaranty of South Florida in 14 to 21 days, with no repairs required and no inspection re-trade on the price.

Common questions

Do you have to disclose problems when selling a house as-is in Florida?

Yes. As-is removes your duty to make repairs, not your duty to disclose. Florida sellers must reveal known facts that materially affect the home's value and are not easily visible to the buyer.

What counts as a material defect you must disclose?

A defect serious enough to affect what a reasonable buyer pays and that the buyer cannot readily see. Common examples are active leaks, past flooding, a cracked slab, sinkhole history, or structural damage you know about.

Do I have to disclose problems I do not know about?

No. Florida's disclosure duty only covers facts you actually know. You are not required to inspect for hidden defects, and you are not liable for issues a buyer could plainly observe themselves.

Can an as-is clause protect me if I hide a known defect?

No. Concealing a known material defect can override an as-is clause, give the buyer grounds to cancel or seek damages, and unwind a closed sale. Disclose what you know and you stay protected.

Does Cash Flow Deals still require disclosure if it buys as-is?

Yes, and that protects you. You make no repairs, you disclose what you know, the price locks at signing, and the sale closes through Title Guaranty of South Florida. Call 786-891-9111 to start.

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