What Is an “As Is” Residential Contract In Florida?

If you are thinking about purchasing or selling “as is” real estate in Florida, you should use a residential contract known as the ”as is“ residential contract. Here are certain critical information and duties you need to be aware of to make a fully informed decision regarding real estate. It is also suggested that you consult an experienced real estate attorney in Florida to assist you with the paperwork and ensure that your sale or purchase went correctly.

What Is ‘As Is’ in Real Estate?

When selling or buying real estate marked “as is, ” it means the property’s current condition. It means regardless of the issue in the property pointed out by the buyer, the seller will not fix it, even if it is severe. “As is” sale and purchase of property differ from the conventional real estate sales due to this practice. “As is” means that you will be selling or purchasing in the condition it is in now, hence the term “as is”.

An ‘as is’ residential contract is agreed upon and signed by both the buyer and seller.

A Seller’s Responsibility

“As is”, residential contracts require the seller to make mandated disclosures and be completely transparent about the property. Any problems that will or may require repair must be addressed, such as-

  • Probable or existing claims, complaints or legal proceedings
  • Boundary disputes
  • Environmental dangers
  • Pest damage or infestations
  • Damage or possible damage from sinkholes
  • Any established issues with essential components, including HVAC, plumbing, electrics, roofing, structural integrity and more
  • Condominium or homeowner association rules

If you do not disclose these, you might be in trouble. You can work with the best real estate attorney to avoid these issues.

How Do ‘As Is’ Residential Contracts Work In Florida?

When selling a house, you need to sell your property without damage. If there are, you want to repair or disclose those to the potential buyer. In an “as is” contract, that aspect is null and void, but only if a specific “as is” form is filled. The form does not contain the repair payment section and states an agreement requiring a thorough and satisfactory inspection. After this inspection, the buyer is on their own, and the seller does not need to worry about further repair.

When to Utilize an ‘As Is’ Residential Contract?

The critical decision is to determine if you want to work with an “as is” contract. You first need to consult a real estate attorney in Florida before deciding and signing any papers.

Seller

Sellers use an “as is” contract to avoid paying for any repairs. It prevents the seller from paying high repair rates. The downside with this contract is that it can lower the interest and property value.

Buyer

Usually, buyers opt for conventional real estate contracts to protect themselves from repairs. Buyers receive 15 days to complete a property inspection in an “as is” contract. The buyer can demand a lower sale price if repairs are necessary after the inspection. The seller under the “as is” contract can refuse the request. If the buyers want to withdraw, they can before 15 days without losing their deposit.

Quick Sales

An “as is” residential contract is used by sellers who want to sell the property quickly. In most cases, sellers either need to move quickly or need the money due to life events. It is also easier and quicker than the long home sale process without worrying about renovation and repairs.

How to Get Out of a Florida Real Estate Contract?

Getting out of Florida’s real estate contract is a bit complicated but can be in your best interest if you feel that necessary repair work is too much for you. There is a chance that you might lose your deposit if you back out on a real estate contract. Luckily there are certain contingencies put in place to protect the buyer. Buyers have the full right to back out during the inspection period. A seller usually refunds the buyer and can personally talk to the potential buyer and come to an agreement. The ideal situation would include a real estate attorney providing expert advice to ensure the contract benefits you.

Why Use a Real Estate Attorney To Help With Florida ‘As Is’ Residential Contracts?

If you are contemplating using an “as is” real estate contract in Florida, the most helpful thing is to contact a real estate attorney. Their experience will prevent you from breaking the rules and forgetting important repair information or vital paperwork. They’ll assist you in answering any necessary questions and confirm your sale or purchase goes well. You can legally and technically write your real estate contract, but it’s not advisable. People without legal expertise are inclined to make minor but expensive errors when interpreting the law.

Hire The Best Real Estate Attorney in Florida

If you’re selling or purchasing an ‘as is’ property in Florida, you require the assistance of Hale Law Services today. Get a qualified, board-certified real estate attorney to ensure your experience goes smoothly. Our skilled real estate attorneys can aid you with all legal compliances until the point of closing. We are well versed in state law and have the experience to deal with various legal issues. To learn more, contact 239-931-6767 or mail us at ned@halelawservices.com.

By |2022-08-29T06:46:47-04:00August 29th, 2022|Real Estate Attorney|0 Comments

Leave A Comment