Heard a seller in Palm Beach say “As Is” and wondered what that really means for you? You are not alone. The Florida Realtors and The Florida Bar “As Is” contract is common across Palm Beach County, especially with coastal or estate sales. In this guide, you will learn what the contract covers, what rights you keep, the timelines that protect your deposit, and the local checks that matter most before you close. Let’s dive in.
What As Is really means
In Florida, the “As Is” Residential Contract for Sale and Purchase is designed to limit a seller’s obligation to make repairs. The property is offered in its current condition, and the seller is not required to fix items found during inspections.
That does not mean you give up protection. You keep the right to inspect the home, review association documents, and cancel within specific windows if the contract gives you that option. Sellers must still disclose known material facts that affect value and are not readily observable.
Inspection rights and timeline
Most “As Is” deals include a defined inspection period that starts on the effective date. In practice, many contracts use 7 to 15 days, and some editions show a 10‑day default. Always confirm the exact number of days in your executed contract.
During this window you can:
- Hire a licensed home inspector, plus specialists as needed. Common adds in Palm Beach include roof, HVAC, structural engineer, termite and pest, pool, mold, seawall or dock, flood and elevation.
- Review the reports and decide whether to move forward.
- Deliver written notice if you want to ask for repairs or credits, or if you choose to cancel under the inspection clause.
If you cancel in writing within the inspection period as the contract allows, your earnest money is typically returned. If you do not deliver written notice by the deadline, you are usually deemed to accept the property as is.
Condo and HOA properties have a separate document review timeline. You will receive association materials and often have a short window to cancel based on those documents. Track that timing separately from your inspection period.
Deposits and cancellations
Your earnest money deposit is held by the escrow agent, often a title company, under the contract’s terms. If you cancel properly within your inspection window, the deposit is generally returned to you. If you miss a deadline or default, you may risk forfeiting your deposit, subject to the contract’s remedy provisions.
If a buyer defaults, typical FAR/BAR language gives the seller options, which can include keeping the deposit as liquidated damages or pursuing other remedies. Disputes over deposits follow the contract’s dispute resolution process. Read the escrow and dispute sections closely and ask questions early.
What As Is does and doesn’t
Here is a quick gut check so you know where you stand:
What it does:
- Limits the seller’s repair obligations during the inspection process.
- Puts due diligence on you. You must inspect, verify insurance, confirm title, and review HOA or condo documents.
What it does not do:
- Remove seller disclosure duties. Sellers must disclose known material facts that are not readily observable. “As Is” is not a shield for fraud or intentional nondisclosure.
- Override federal rules. Lead‑based paint disclosures for pre‑1978 housing and fair housing requirements still apply.
- Eliminate your ability to cancel if the contract gives you that right and you act on time.
- Automatically remove financing or appraisal contingencies. Those protections only exist if your contract includes them. If there is no loan contingency and you cannot obtain financing, you may be in default.
Palm Beach due diligence checklist
Palm Beach County has coastal and historic housing, complex associations, and storm exposure. Use your inspection window to verify the items that move risk and cost:
- Flood and elevation. Confirm the FEMA flood zone, check for an elevation certificate, and obtain preliminary flood insurance quotes early. Flood risk affects lending and carrying cost.
- Insurance underwriting. Florida premiums and eligibility have shifted in recent years. Order wind mitigation and four‑point inspections early. Roof age, attachment methods, and impact openings often drive rates and insurer acceptance.
- Hurricanes and building code. Verify roofing, shutters or impact glass, and tie‑downs. Coastal properties can have higher retrofit costs.
- Sea‑level rise and drainage. Ask about past water intrusion, drainage upgrades, and pump or swale systems. Consider long‑term exposure on low‑lying streets.
- Condo and coop health. Review budgets, reserve studies, board minutes, special assessments, and pending litigation. Confirm rental rules and any upcoming projects.
- Permits and unpermitted work. Check permit history for additions, pool enclosures, and major systems. Unpermitted work can delay closing or increase cost to remedy.
- Termites, mold, and salt corrosion. Schedule termite and mold specialists if indicated. Salt air can corrode metal components, AC equipment, and railings.
- Waterfront systems. Inspect seawalls, docks, boat lifts, and pool systems with qualified vendors. These are high‑value items that impact safety and insurance.
Smart negotiation moves
Use your inspection period to collect hard facts, not just a punch list of minor items. When serious issues surface, you have options even in an “As Is” setting:
- Ask for a closing credit, a price reduction, or seller‑paid closing costs to offset repairs.
- Request targeted solutions, such as an escrow holdback for a specific repair or a roof certification from a licensed roofer.
- If your lender or insurer requires a repair or document, present that evidence quickly so the seller understands it is a condition to close.
- Time is leverage. If you need specialists or insurance quotes, negotiate a longer inspection period up front. If you are comfortable with risk and want price, a shorter period or faster closing can strengthen your offer.
- Bring financial readiness. Pre‑approval and preliminary insurance quotes reduce surprises and help you negotiate from a position of strength.
Financing, appraisal, insurance
“As Is” does not automatically remove financing, appraisal, or insurance conditions. Your protections depend on the boxes checked and addenda included in your contract. If you need a mortgage, confirm your loan contingency and related deadlines. If there is no contingency and your loan falls through, you may be in default with your deposit at risk.
Insurance availability is a real variable in coastal Palm Beach markets. Order quotes right away, including homeowners, wind, and flood if applicable. If insurance cannot be placed and your contract does not provide an out, it can jeopardize your ability to close.
For association properties, use your separate document review period to evaluate reserves, assessments, and rules. If the documents raise concerns, act within the time allowed by the contract.
How your agent helps
An experienced advisor keeps you on timeline, reduces risk, and protects negotiation leverage. With an attorney‑broker background, your agent can help you:
- Interpret the “As Is” inspection clause, track critical dates, and prepare timely written notices.
- Prioritize the right inspections for Palm Beach homes and condos, and coordinate specialist vendors.
- Surface insurance, flood, and permit issues early so you can make informed decisions.
- Structure credits, holdbacks, or certifications that satisfy lenders and insurers while keeping the deal moving.
- Navigate condo and HOA reviews, including budgets, reserves, and assessments.
Next steps in Palm Beach
Here is a simple roadmap once your “As Is” offer is accepted:
- Calendar every deadline on day one. Include inspection, association review, loan, appraisal, and insurance dates.
- Order inspections immediately. Add roof, wind mitigation, four‑point, termite, mold, pool, seawall or dock, and elevation checks as needed.
- Request insurance quotes early. Share inspection results with your agent and insurer to avoid last‑minute surprises.
- Pull permit history and open items. Address unpermitted work or expired permits quickly.
- Review condo or HOA documents within your review period. Ask questions about reserves, assessments, and upcoming projects.
- Negotiate targeted solutions. Use credits or narrowly tailored escrows rather than open‑ended repair lists.
- Deliver any cancellation or objection in writing before the deadline if you decide not to proceed.
If you want a calm, clear path from offer to close, connect with a local expert who blends luxury market knowledge with contract precision. For private guidance on your Palm Beach purchase, reach out to Debra P. Rochlin, PA. today.
FAQs
What is Florida’s “As Is” contract for Palm Beach homes?
- It is a standard Florida Realtors and Florida Bar form that limits the seller’s duty to make repairs while preserving your right to inspect and cancel within defined deadlines.
How long is the inspection period in an As Is deal?
- Many contracts use 7 to 15 days, and some editions show a 10‑day default, but your signed contract controls the exact number and start date.
Can I get my deposit back after a bad inspection?
- Yes, if your contract allows cancellation during the inspection period and you deliver written notice on time, your earnest money is typically returned.
Do sellers still have to disclose problems under As Is?
- Yes. Sellers must disclose known material facts that affect value and are not readily observable, and “As Is” does not protect fraud or concealment.
What if I cannot secure homeowners or flood insurance?
- Check whether your contract includes a financing or insurance‑related contingency. Without one, failure to obtain insurance can jeopardize closing and put your deposit at risk.
How does As Is affect condos and HOAs in Palm Beach?
- You usually receive association documents and have a separate review window. Use it to assess reserves, assessments, rules, and any pending litigation.
Can I ask for repairs or credits with As Is?
- You can request repairs or credits, but the seller is not obligated to agree. If the seller declines, you can proceed or cancel within your inspection window if your contract allows it.
