Florida’s As-Is Contract: What Schenley Park Sellers Are Still Required to Disclose

Almost every home sale in Florida uses an as-is contract. And almost every seller I meet has
the same misunderstanding about it.

“We’re selling as-is, so we don’t have to tell them about the roof, right?”

Wrong — and it’s a costly mistake that has ended up in court more times than you’d think.
The as-is contract is one of the most misunderstood documents in Florida real estate. Here’s
what it actually means, what you’re still legally required to disclose, and what happens if you
don’t.

WHAT “AS-IS” ACTUALLY MEANS IN FLORIDA

Florida’s As-Is Residential Contract for Sale and Purchase is the standard contract used by the
vast majority of agents in this state. It means the buyer agrees to purchase the property in its
current condition — they’re not entitled to ask the seller to make repairs based on inspection
findings.

That’s what it means for repairs. It says nothing about disclosures.

The Florida Supreme Court settled this in 1985 with Johnson v. Davis: “Where the seller of a
home knows of facts materially affecting the value of the property which are not readily
observable and are not known to the buyer, the seller is under a duty to disclose them.” That
ruling has never been reversed, and it applies fully to as-is sales.

The First District Court of Appeal confirmed in Rayner v. Wise Realty: the same disclosure
obligation applies to properties being sold as-is. No exceptions.

WHAT YOU MUST STILL DISCLOSE

The legal standard is: any known material defect that is not readily observable and that could
affect the value of the property. For Schenley Park and Coral Terrace sellers, that means:

Roof leaks — past and present. If your roof has ever leaked, you must disclose it. Even if it was
repaired. You’ll need to note whether it was repaired and by whom. A patched leak the buyer
can’t see is exactly the kind of latent defect the disclosure obligation was designed to address.

Water intrusion and flooding. If your home has flooded, taken on water during a storm, or shown any signs of water intrusion — including in the garage, under slab, or in the attic — that must be disclosed.

Mold. Known mold, past or present, is a required disclosure. This includes mold that was
remediated. “It was treated” is not the same as “I didn’t know about it.”

Pest infestation. Past or present infestations — termites, wood-boring beetles, rodents — must
be disclosed along with any treatments received.

Unpermitted work. A room addition, garage conversion, or bathroom added without a permit is amaterial defect. Unpermitted work must be disclosed — and it can affect the buyer’s ability to
get insurance or financing.

Code enforcement actions. Any pending code violations or open code enforcement cases must
be disclosed in writing.

Flood Disclosure (Form FD-1). Since October 1, 2025, Florida law requires sellers to complete
the Flood Disclosure form at or before contract execution — regardless of flood zone status. Many homes in 33155 are not in a high-risk zone, which is actually a competitive advantage.
But the form is still required.

Other known material defects. Structural issues, foundation cracks, HVAC problems, plumbing
failures, electrical defects — anything you know about that a buyer couldn’t see and that affects
value.

WHAT AS-IS ACTUALLY PROTECTS YOU FROM

The as-is contract gives sellers one specific, meaningful protection: it shields you from repair
requests.

Under a standard contract, a buyer who finds issues during inspection can ask you to make
repairs or provide a credit — and you have to respond. Under an as-is contract, the buyer’s only recourse is to proceed or cancel. They cannot demand you fix anything.

That’s a real advantage in 33155’s current buyer’s market, where buyers sometimes use the
inspection period as a second negotiation. But that protection is about repairs — not about
information you had before the contract was signed.

THE MISTAKE THAT ENDS UP IN COURT

A seller knows the roof had a slow leak two years ago that “seemed to fix itself.” They don’t
mention it. The buyer moves in and discovers it. The buyer’s attorney sends a demand letter.
The seller’s defense — “I sold it as-is” — doesn’t hold.

As Florida courts have established: a seller who forgets to disclose is just as liable as one who
intentionally conceals. The legal standard doesn’t require bad intent. It requires knowledge.

Before you list your Schenley Park or Coral Terrace home, the right move — before photos,
before pricing, before you go on market — is a thorough disclosure review with your agent. I
walk every seller through that before we list. It takes about an hour and can save months of post-closing headaches.

FREQUENTLY ASKED QUESTIONS

What does “as-is” mean in a Florida real estate contract?
An as-is contract means the buyer agrees to purchase the home in its current condition without
requiring the seller to make repairs based on inspection findings. The buyer can still inspect and
cancel — but cannot demand repairs. It does not affect the seller’s legal obligation to disclose
known material defects

Does Florida’s as-is contract eliminate seller disclosure requirements?
No. Florida’s disclosure obligation under Johnson v. Davis (1985) applies fully to as-is sales.
Sellers must disclose known material defects that are not readily observable and that could
affect property value, regardless of contract structure. The as-is designation protects sellers
from repair demands — not from disclosure liability.

What happens if a Florida seller fails to disclose a known defect?
The buyer can file a lawsuit after closing for fraud or misrepresentation, seek reimbursement for
repair costs, or pursue cancellation of the sale. Florida courts hold that failure to disclose known
latent defects creates liability regardless of intent — the “I forgot” defense does not protect
sellers.

What are the most common disclosure mistakes Schenley Park sellers make?

Failing to disclose roof leaks that were “fixed,” omitting past pest treatment history, not
disclosing unpermitted additions or conversions, and assuming an as-is sale means no
information needs to be shared. Original-construction homes in 33155 built in the 1950s–1970s often have histories that need careful documentation before listing.

Is the Seller’s Property Disclosure form required on as-is sales in Florida?
It is standard practice and strongly recommended by Florida Realtors. More importantly, the
legal duty under Johnson v. Davis exists independently of any form — meaning sellers have adisclosure obligation whether or not they fill out a formal disclosure document.

The as-is contract is a tool that works in your favor — but only if you use it correctly. I work with
sellers in Schenley Park and Coral Terrace who own original-construction homes with 30–50
years of history. Knowing what to disclose, how to disclose it, and how to protect yourself legally while still attracting buyers is exactly what I help every client navigate before we go on market.

Curious what your home is worth in today’s market? I’d love to walk you through a free home
valuation — no pressure, just real numbers. Get your free home valuation

About Berenice Elguezabal

Berenice Elguezabal is a top-producing Realtor® with 22 years of experience at Coldwell
Banker’s #1 office in Miami by volume and sales value. Specializing in data-driven market
analysis for sellers in Miami-Dade County, she turns complex market data into clear strategies
that deliver results. Fluent in English and Spanish. Connect with Bere at BereHomes.com.