Is It Legal to Sell a Home As Is in Bonita Springs?

Yes, you can sell a home as is in Bonita Springs. The disclosure duty a seller owes a buyer does not go away just because the sale is as is. As is changes what condition the seller agrees to sell the home in. It does not change what a seller has to tell a buyer about that condition.

What "As Is" Actually Means

Most contracts in the Bonita Springs area use the Florida FAR/BAR As Is contract with a right to inspect and a right to cancel. The buyer is making a good faith offer on the property in its current condition. Some of that condition is visible on a walk through the home and some of it is not.

The Disclosure Duty That Does Not Go Away for Sellers

Florida law is built around a case called Johnson v. Davis. It requires a seller who knows about a material defect a buyer would not easily discover on their own to disclose it. This duty applies whether the home is sold as is or through a standard contract. An as-is sale changes the repair obligation. It does not remove the duty to tell the truth about what the seller knows.

Flood and Insurance Disclosure

Florida law also requires sellers to disclose flood insurance claims and any assistance received for flood damage and any known flooding that damaged the property. This matters in Southwest Florida because of how close we live to the Gulf of Mexico and to the Imperial River and the Caloosahatchee River and the Cocohatchee River. Read the full explanation on how to identify your Bonita Springs flood zone.

Local Details Buyers and Sellers Should Know

• Air conditioned storage space that some buyers mistake for living area.
• Unpermitted repairs or additions, often tied back to storm surge and hurricane damage.
• Certain floor plans that tend to develop roof leaks in the same location. The best real estate agents know these plans and so do the best inspectors.

I once walked up to a home I was about to list and asked the seller if they had called a roofer yet, pointing at the leak before I ever stepped inside. Some floor plans have a pattern and an agent who has sold enough of them can spot it from the driveway.

When an Inspection Finds Something Neither Side Knew About

Say the roof has been leaking in that same spot for a while and neither the seller nor the buyer knew it. A roofer finds it during the inspection and the repair runs into several thousand dollars for new plywood and underlayment and roofing material. Both parties entered the contract in good faith with the same limited knowledge. The buyer can cancel or the two sides can have a candid conversation. Sometimes the seller fixes it. Sometimes the cost is split. The right answer often depends on the real estate market at the time. A market with more buyers than homes gives a seller less reason to make concessions. A softer market can push a seller toward repairs or a credit to keep the deal together.

Warning: The Zero-Day Inspection Trap

If a seller or an agent asks a buyer to agree to zero inspection days, that buyer may be giving up more than the home inspection. The inspection period is often when title issues like open permits and liens get discovered too. Talk to an attorney before agreeing to give up that time.

For Buyers

An as-is contract does not mean you buy blind. You still have the right to inspect and the right to cancel within your inspection period. That period covers more than the physical condition of the home.

I was representing buyers on a home that looked almost untouched, so clean it barely looked lived in. At the inspection the inspector used thermal imaging, an emerging technology at the time, and scanned the ceiling in the living room. A brand new bathroom had been added upstairs in the primary suite and the new shower had been leaking the whole time. The ceiling below it was glowing with moisture on the thermal camera and none of it was visible to the naked eye. Those buyers would not have known without the imaging and without their agent recommending it. They have since bought and sold several properties with me and they point to that kind of attention to detail as the reason.

• Use your full inspection period and ask whether your inspector offers thermal imaging.
• Check for open permits and liens during your inspection period, not after.
• Get a straight answer from your agent before you agree to shorten or waive your inspection days.

For Sellers

Selling as is does not remove your disclosure duty. You still have to tell a buyer about known material defects they could not easily find on their own. What changes is your leverage if something is found during the inspection. That leverage often depends on the market at the time.

• Disclose what you know, even if you are selling as is.
• Have your flood and insurance history ready before you list.
• Expect that the market at the time of your sale will shape how a defect gets resolved.

Frequently Asked Questions

Is it legal to sell a home as is in Bonita Springs?

Yes. Florida law allows an as-is sale. The seller's disclosure duty for known material defects still applies whether the sale is as is or not.

Does selling as is remove my duty to disclose problems?

No. Under Johnson v. Davis, a Florida seller who knows about a material defect a buyer would not easily discover has to disclose it. This applies to an as-is sale the same as any other sale.

What happens if a home inspection finds something during an as-is sale?

The buyer can cancel during the inspection period or the two sides can negotiate. Sometimes the seller makes the repair. Sometimes the cost is split. The outcome often depends on the real estate market at the time.

Can new construction be sold as is?

Yes. Any home can be sold as is including new construction. Both sides usually agree the as-is condition and price are fair at the time of contract, even though an inspection can still turn up a surprise.

Should I agree to zero inspection days to make my offer stronger?

Be careful with that. The inspection period is often when title issues like open permits and liens are discovered and not just physical problems with the home. Talk to an attorney before giving up that time.

More Seller Guides

• How to get your Bonita Springs home ready to sell
• How to interview a listing agent to sell in Bonita Springs
• Selling a Bonita Springs home from out of state or as an estate
• When is the best time to sell a home in Bonita Springs
• How to identify your Bonita Springs flood zone

Whether you are buying or selling, an as-is contract is a starting point and not the end of the conversation. Request a free home valuation or schedule a 15 minute phone or Zoom call. You can also call or text 239-273-7430.

Chris Elizabeth Griffith, The Griffith Group at Downing Frye Realty. Florida real estate license SL676419.