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

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 gives you two choices: the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. You choose. With Fast Cash, you make zero repairs. With Premium, only what the buyer's lender requires gets fixed. We cover repair costs, and we figure out a way, so nothing comes out of your pocket; those repairs are settled from the sale proceeds, from our share. The number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. You still disclose what you know so your buyer can make an informed decision. If the Premium buyer's loan falls through, that is our problem, not yours, and you can still take the Fast Cash Offer at its own number. Your sale closes through one title transfer handled by Title Guaranty of South Florida, a licensed Florida title company. On Premium, title goes directly from you to your buyer. Nothing comes out of your pocket, and Cash Flow Deals is paid as a separate line on the closing statement, from our share rather than your agreed number, subject to the structural exception described above.

The Risk of Skipping Disclosure

Hiding a known major defect is where you can get into real legal trouble as an as-is seller. If your 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. Your buyer can have grounds to rescind the deal or pursue damages. A sale you thought was closed can come back to haunt you. Write down what you know and hand it over in writing so your buyer can make an informed decision. Your buyer's informed acceptance of a disclosed defect helps establish what condition they agreed to accept; it does not excuse concealing other known problems.

With Cash Flow Deals, you choose between the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. For Premium, only what your buyer's lender requires gets fixed. We cover repair costs, and we figure out a way, so nothing comes out of your pocket; the work is settled from the sale proceeds, from our share. Fast Cash requires no repairs from you.

The number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. If your Premium buyer's loan falls through, that is our problem, not yours, and you can still take the Fast Cash Offer at its own number.

To compare your options, call 786-891-9111.

Cash Flow Deals' Offer Process:

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

2. Cash Flow Deals reviews your disclosure and sends you a no-obligation Fast Cash Offer and Premium Cash Offer within 24 hours. You choose which offer fits your needs.

3. Your sale closes through Title Guaranty of South Florida on the date set in your written contract. If your deadline is 14 to 21 days, tell us at the start so you can find out whether either offer fits your timing before you commit.