The Reverse Offer: A Smarter Way to Respond to AS IS Contracts
A strategy to keep your home available, protect your leverage, and test buyer intent
🎯 🎯 The Problem With Most “AS IS” Contracts
The Florida “AS IS” contract gives buyers enormous flexibility—they can cancel during the inspection period for any reason. But agents often misuse this form as a tool to get a deal under contract only to renegotiate later.
It’s not just unprofessional. It’s bait-and-switch.
Here’s the usual pattern:
Buyer offers full or near full price using the “AS IS Right to Inspect and Cancel” contract.
Seller accepts, removing the home from the market.
After inspections, buyer demands a credit or price reduction—often for known issues.
Seller is cornered. Pending status makes other offers hard to entertain.
This is not due diligence. It’s leverage manipulation.
Now if someone wants to have the right to inspect and cancel a contract—that is just fine.
If they also want to waive the right to cancel but still have the seller make repairs—that’s fine too.
But the AS IS Right to Inspect and Cancel Contract (FAR/BAR AS-IS in Florida) is not the right form.
💡 More on that in a future post:
“How to Represent a Buyer Wanting the Right to Cancel but Expecting Repairs—The Purpose and Intent Clearly Communicated to a Seller.”
🔁 A Better Way: The Reverse Offer
Here’s the smarter, cleaner path: The Reverse Offer.
In this strategy, the seller sends an offer to the buyer using the standard AS IS Right to Inspect and Cancel contract—but with critical additions:
The seller completes the offer form with price and terms already filled in.
The offer is signed by the seller only, and delivered to the buyer.
The following language is added:
“Signing this offer terminates the inspection period, and the property is accepted in AS IS condition.”
The offer is good for 10 days. If the buyer doesn’t sign within that window, it expires automatically.
The listing remains Active, not Pending, and the seller is free to accept another offer at any time and properly rescind the outstanding reverse contract (ya can’t sell a home twice!).
🎯 Why It Works
This strategy flips the power dynamic back toward the seller—without being unfair or deceptive, and not really even being unbalanced when you think it through logically.
It allows the buyer to do full inspections before signing, knowing they can have the deal they wanted.
It gives the seller freedom to continue marketing the home.
It tests the buyer’s seriousness—those planning to renegotiate later won’t proceed or will seriously question the idea.
It lets the knowledgeable agent, fair and balanced no matter which side they represent, explain the strategy or suggest alternative approaches if the buyer does want repair requests later.
It’s not aggressive. It’s clear, controlled, and completely within the rules.
🔎 Real Example Language
Here’s how the key clause should/might read, included in the Additional Terms section of the offer:
“This offer is made by the Seller. Buyer has 10 calendar days from the date of this offer to conduct any desired inspections. If Buyer signs this offer, the inspection period is deemed waived, and the property is accepted in AS IS condition.”
You can also add a sentence like:
“This offer is non-binding until signed by the Buyer. Seller may withdraw the offer at any time before Buyer’s acceptance.”
Now, even if the buyer wants more time or needs more time and no other offers have come forward, they are free to re-offer for the home.
That’s another good feature here. Even the buyer can stop and think—so long as the home remains available—and if they want, they can re-offer on an AS IS contract waiving further inspections and still get the home they want.
And think about it… what if they do find something adverse to the home?
The buyer can just walk away—which was the original goal of an AS IS Right to Inspect and Cancel anyway, right?
🛠️ Execution Checklist
✅ Use the standard Florida AS IS Residential Contract
✅ Have your agent (only if the language is common or previously approved) or attorney (if new language is needed) include the exact language
✅ Keep the MLS status as Active
✅ Set a firm 10-day expiration
✅ Continue showing and accepting offers
✅ Notify buyer promptly if the offer is rescinded
💡 See our upcoming post:
“Why Your Team Needs an Attorney on Retainer: Never Right to Write”
🧠 What It Reveals About the Buyer
Let’s be honest—buyers with good intentions don’t fear clarity.
This approach filters out the “maybe we’ll buy it unless we can twist their arm later” crowd. It rewards buyers who are ready to act with integrity.
Those that object? They were never really aware enough about the process—or don’t have the experience—to pursue this kind of offer to begin with.
🧭 Final Thoughts: Why We Do This
We’re not against AS IS contracts. We just believe they should be used correctly—to inspect, not extort.
A Reverse Offer respects the buyer’s right to investigate while keeping the seller in control.
It creates a space where both sides can act deliberately, without pressure or manipulation.
It’s not just a strategy. It’s a litmus test.
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