Negotiating Repairs with an AS IS Contract

Are you buying a new home? Your home inspection may reveal defects you feel should be the seller's responsibility. If your purchase agreement were written on an "as is" contract, this would typically involve some negotiation, as the seller generally is not obligated to make any repairs under the terms of an as-is agreement. Scroll down to see what FloridaRealtors.org says about negotiating repairs with an "as is" contract.

As-Is Contracts

One of the most popular contracts Florida Realtors has available for members is the Florida Realtors/Florida Bar "AS IS" Residential Contract for Sale and Purchase ("FR/Bar AS IS"). As the name implies, the seller listed the property "as is," meaning the seller is not obligated to make repairs.

However, many Florida Realtors Legal Hotline calls involve a buyer requesting repairs from a seller after the inspection results come in during the inspection period. While nothing prevents parties from renegotiating an existing contract's terms, understanding the nuances and risks is essential to facilitate a smooth transaction.

It's imperative to recognize this: There is no obligation on the seller's part to make any repairs or even respond to a repair request. Read More

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