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. Selling as-is in Florida does not erase your duty to disclose. 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, not your obligation to be honest. Hiding a known major defect can void the sale or create liability, even on an as-is contract.
| Item | Selling As-Is in Florida | Selling Traditionally on MLS |
|---|---|---|
| Must disclose known defects | Yes, the duty still applies | Yes, the duty still applies |
| Required to make repairs | No, buyer takes it as-is | Often yes, after inspection |
| Can hide known major defects | No, that creates liability | No, that creates liability |
| Buyer can still inspect | Yes, inspection period usually kept | Yes |
| Price can drop after inspection | No with a locked-price buyer | Often, repair credits or re-trade |
| Cost to seller with Cash Flow Deals | Free, CFD paid as a separate closing line | Commission plus repairs |
As-Is Removes Repairs, Not Honesty
The most common misread of an as-is sale is that 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. Those are two different things, and sellers who blur them get hurt. You can refuse every repair request a buyer makes and still be fully within your rights on an as-is contract. What you cannot do is conceal a known material defect to make the home look better than it is. So the rule is simple. If you know about it and it matters to value and the buyer cannot easily see it, you say so. Then you hand the repair list to the buyer, because as-is means the condition is their problem from 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 a single statute number. The standard is this: a seller must disclose facts known to them that materially affect the value of the property 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 affect what a reasonable buyer pays. And it has to be hidden, meaning the buyer could not spot it on a normal walkthrough. A stained ceiling from an active roof leak, a history of flooding, a cracked slab, prior sinkhole activity, or a foundation problem are the classic examples. You are not required to hunt for defects you do not know about, and you are not liable for things 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 is 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 does not reopen the price. Disclosing what you know up front actually helps here, because 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, which is exactly what keeps you protected, and the property's condition becomes the buyer's responsibility from day one. Because the buyer commits to as-is in writing, the price is locked the moment you sign. There is no inspection re-trade and 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 actually get into 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, and 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, and 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. To start a sale where as-is is a real commitment and the price holds, call 786-891-9111.
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.