Thinking about buying a home in Jacksonville and seeing “As‑Is” in the listing or offer? You are not alone. Many buyers worry that As‑Is means you have to accept every flaw with no protection. In Florida, that is not the full story.
In this guide, you will learn what As‑Is really means under Florida’s FAR/BAR contract, how the inspection and cancellation timelines work, what to expect with repairs, and what to prioritize here in Duval County. You will also get a step‑by‑step checklist to protect your deposit and your budget. Let’s dive in.
What As‑Is means in Florida
In a Florida residential sale, As‑Is generally means the seller is offering the property in its current condition and is not promising to make repairs unless the contract says otherwise. With the common FAR/BAR forms, the As‑Is addendum removes the seller’s routine repair obligations while keeping your inspection and termination rights that appear elsewhere in the contract.
Two important limits matter for you:
- Disclosure still required. In Florida, sellers must disclose known, material defects in writing unless an exemption applies.
- No protection for concealment or fraud. A seller cannot hide defects or mislead you and then rely on As‑Is to avoid responsibility.
Federal rules, such as lead‑based paint disclosures for homes built before 1978, still apply no matter what the contract says. Lender and insurance requirements can also affect what must be addressed before closing.
How the FAR/BAR As‑Is contract works
Inspection period basics
Your contract sets a specific inspection period. During that time, you can order inspections, review findings, request repairs or credits, or cancel in writing. Local practice often uses 7 to 15 days for general inspections, though you can negotiate more time if you need specialized inspectors or contractor quotes.
Cancel and keep your deposit
If you cancel in writing within the inspection period according to the contract, you are typically entitled to a return of your earnest money. Miss the deadline and you usually lose the unilateral right to cancel based on inspections, which shifts more risk to you.
Seller responses and timing
When you deliver a written request for repairs or a notice of unsatisfactory conditions, the seller has a defined response window set by the contract. The seller can accept your request, refuse, or propose a credit or price change. Watch your deadlines closely.
Financing and appraisal contingencies
Even in an As‑Is deal, your lender might require certain items to be fixed to fund your loan. You cannot assume the seller will make lender‑required repairs. You may need to pay for them, negotiate a credit, or adjust financing.
Escrow and documentation
The FAR/BAR forms include instructions for escrowed deposits and steps if there is a dispute. Protect yourself by giving notices in writing, to the correct parties, and before the deadline. Keep copies of everything.
Jacksonville inspections to prioritize
In Duval County’s climate and building mix, it pays to be thorough. Plan for:
- General home inspection covering structure, roof, HVAC, plumbing, and electrical
- WDO/termite inspection, a common lender requirement in Florida
- Roof inspection or certification, since roof age often affects insurance and lending
- Mold and moisture assessment when there are signs of water intrusion
- Septic inspection or sewer scope for older or non‑sewer homes
- Flood zone check and elevation certificate review if the home is in a FEMA flood zone
- HVAC performance checks for older systems
- Lead‑based paint disclosures for homes built before 1978
Common repair issues in Duval County
Our warm, humid, and coastal environment can reveal issues that do not show up everywhere. Be ready for:
- Termite or other wood‑destroying organism damage
- Roof wear from age and wind exposure
- Moisture intrusion, plumbing leaks, and mold
- HVAC wear from high cooling demand
- Settlement or foundation concerns in some neighborhoods
- Flooding or drainage problems on low‑lying parcels
How repairs play out in As‑Is sales
Under As‑Is, the seller is not contractually obligated to fix items. You can still present a written repair or credit request. The seller can accept, decline, or counter with a price reduction or closing credit. Many sellers consider safety and code issues or lender‑required items. Cosmetic concerns often get less traction in As‑Is negotiations.
If your lender flags repairs that must be done before closing, you and the seller may negotiate who pays. Some deals use an escrow holdback so repairs can happen after closing with funds held in escrow. This is less common and must be clearly negotiated in writing.
Buyer protections and risks
Protections you have:
- Inspection and cancellation rights during the inspection period, if you follow the contract
- Seller disclosure requirements for known, material defects
- Legal remedies for fraud, misrepresentation, or concealment
- Lender appraisal and underwriting that can stop a deal if major issues exist
Risks to manage:
- After the inspection period, you generally lose the unilateral right to cancel for inspection reasons
- Deferred maintenance, such as roof or plumbing issues, can be costly if not identified early
- Insurance and lender requirements, especially for older roofs or flood‑zone homes, can add costs
- Older systems and termite risk are common in our climate
Due‑diligence checklist for Jacksonville buyers
Use this step‑by‑step plan before and during your offer:
- Read the exact As‑Is language in the FAR/BAR contract and addendum. Note the inspection period length, notice requirements, and any special deadlines.
- Schedule a general home inspection and line up specialists as needed, such as roof, WDO, septic, mold, or sewer scope.
- Order a WDO/termite inspection early, especially if financing.
- Confirm the FEMA flood zone and request an elevation certificate if in a coastal or low‑lying area. Discuss flood insurance availability and cost with your insurer.
- Review the seller’s written disclosure and compare it to your inspection findings.
- Ask your lender which repairs must be completed before closing.
- If there is an HOA, obtain documents and check for upcoming or special assessments.
- Get quick contractor estimates for big‑ticket items like roof or HVAC. Use these numbers to support a credit or price reduction request.
- Deliver all notices and requests in writing, on time, and to the correct parties per the contract.
- Consider contingencies or a longer inspection period if the property’s age or condition warrants more time.
Strategy tips for competitive offers
- Lead with requests for credits instead of insisting on completed repairs. Many sellers prefer allowing you to manage the work after closing.
- Prioritize safety and lender‑required items in your repair list. This keeps the negotiation focused and realistic.
- If you are offering strong terms, expect less willingness from the seller to repair. Adjust your inspection strategy and timeline accordingly.
- Keep thorough records of every report, notice, and delivery confirmation to protect your deposit.
Insurance, flood, and roof realities
Florida’s insurance market is evolving, and underwriters pay close attention to roof age, wind mitigation, and flood risk. In Jacksonville, older roofs can be difficult or expensive to insure without repair or certification. If a property sits in a FEMA flood zone, flood insurance pricing can affect your overall monthly budget. This is why flood‑zone checks and elevation certificates matter, and why you should talk to an insurance agent early in the process.
When post‑closing issues arise
As‑Is does not eliminate liability for a seller who knowingly concealed a material defect or made a misleading statement. Florida law offers remedies for fraud, misrepresentation, and concealment. If you discover a hidden problem after closing, your documentation will be critical. Keep inspection reports, emails, notices, and delivery proofs. If you knowingly waived inspections in writing, that can limit your options, so always consult with a professional before doing so.
Final thoughts
An As‑Is contract in Florida gives you a clear window to investigate, negotiate, or walk away. In Jacksonville, where termites, roofs, moisture, and flood factors are common, your inspection period is your leverage. Move quickly, document everything, and focus negotiations on safety, code, and lender‑required issues.
Looking for calm, expert guidance from offer to close on Florida’s First Coast? Connect with Holly Reaves for a boutique, white‑glove experience that puts your interests first.
FAQs
What does an As‑Is contract mean in Florida real estate?
- It means the seller is not promising repairs, but you keep inspection and cancellation rights, and the seller must still disclose known material defects.
How long is the inspection period in Jacksonville As‑Is deals?
- Local practice often uses 7 to 15 days, but the exact number is negotiable and set in your contract.
Can I cancel an As‑Is purchase and keep my deposit?
- Yes, if you cancel in writing within the inspection period per the contract terms, you are typically entitled to your earnest money back.
Will an As‑Is seller fix lender‑required items?
- Not automatically, since the seller has no repair duty under As‑Is, so expect to negotiate a credit, price change, or who completes the work.
Do sellers still have to disclose defects in an As‑Is sale?
- Yes, Florida sellers must disclose known, material defects in writing, and As‑Is does not protect concealment or fraud.
What inspections should I order for a Jacksonville home?
- Start with a general inspection, then add WDO/termite, roof, mold, septic or sewer scope, flood‑zone review, HVAC checks, and lead paint if pre‑1978.
