The Most Abused Contract in Florida Real Estate
Why the “As-Is with Right to Cancel” Offer Is Misused, Misunderstood, and Often Just Misleading
There’s a clause in Florida real estate contracts that’s quietly become one of the most misused—and most misunderstood—tools in the agent playbook. It’s the “As-Is with Right to Inspect and Cancel” offer form. If you’re a buyer, you may have been told this is the best way to make an offer. If you’re a seller, you’ve probably already learned the hard way that it often isn’t worth the paper it’s written on. We will discuss the proper way to present an offer if you want to have the right to cancel unilaterally but still have the right to ask for repairs if you proceed in our next post.
Let’s talk about what’s really happening here in this set up.
The Bait-and-Switch Game
In theory, the As-Is contract allows a buyer to inspect the home and cancel for any reason during the inspection period. It’s meant to protect the buyer from unforeseen issues.
But in practice?
It’s become a strategic weapon—a bait-and-switch tactic often encouraged by under informed or opportunistic agents.
Here’s the game:
An offer is submitted “As-Is” with the right to inspect and cancel. This makes it look clean on the surface—no repair requests, no nitpicking, just a straightforward deal. But once under contract, the buyer comes back, waving a list of inspection issues and asking for a credit. The implied threat?
“Give us the money, or we walk.” This is were one leg of the three legged stool of Win-Win/Goodwill and Trust fails…..trust is gone at this point.
That’s not negotiation. That’s bad faith.
It’s not always the buyer’s fault either. Many of them are following the advice of their agent, who frames this strategy as a way to "secure the home at a good price" without explaining the reputational damage or legal gray area they’re stepping into. What some fail to understand is there are real estate professionals on the other side who are not there to merely force through any ole transaction. They give advisory services. We are leary of AS IS right to inspect and cancel contracts on behalf of our listing clients. We will discuss that in later posts as well.
It’s Not the Contract That’s Bad—It’s the Agent Who Misuses It
Let’s be clear: the As-Is contract isn’t the enemy. Used properly, with professionalism and mutual transparency, it can be a fair and flexible way to proceed.
But when it's used to create false certainty—only to weaponize the inspection period—it erodes trust. And in a market like ours, where agent reputation matters and buyers and sellers cross paths again and again, that erosion comes at a cost.
You may “win” the negotiation today. But you’ll lose the referrals, the respect, and the long game.
One Better Way for the Seller: Reverse the Offer
Smart listing agents—those who truly know how to protect their clients while keeping the playing field level—use a smarter tool.
We flip the As-Is offer around.
Instead of accepting an As-Is contract and going into pending status with a ticking time bomb, we issue a reverse offer:
“We agree to your terms, subject to your inspections being completed within 10 days. If you wish to proceed, sign the contract. Until then, this offer is open but non-binding. We remain open to other offers.”
This approach protects everyone:
The buyer still gets their inspection window.
The seller stays in control.
There’s no public “pending” status to scare off other interest.
And most importantly, there’s no false sense of security or hostage-style renegotiation.
If the buyer is serious, they’ll sign once inspections are done. If they’re not, the seller is free to move on.
Real Strategy Is About Knowing the Tools—and When to Use Them
There’s nothing wrong with an As-Is offer if it’s presented and executed in good faith. But good agents understand that contract strategy is more than checking a box. It’s about integrity, foresight, and respect for the process.
If there is something unexpected how should a buyer proceed if they want to be clear and honest and maintain trust? I mean what if we find that all the ACs are broken and there are termites?
We don’t manipulate forms. We use them intelligently.
We don’t bait-and-switch. We educate and align expectations.
We don’t rely on tricks. We rely on trust. If representing a buyer and presenting an As Is Right to inspect and Cancel we proceed in a very precise way. Again more to come on that from the buyer’s perspective. Follow along for more.
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