The Right Way to Walk Away: Using the “As Is” Contract With Integrity
What if the problem isn’t the contract—but the way we use it?
In real estate, contracts are everything. They're not just paperwork; they're the entire foundation of how trust is built, protected, and—sometimes—broken. As we move through a world of broad contracts, addendums, disclosures, and negotiation strategies, it's easy to forget that how we use these documents matters just as much as what they say.
So today, I want to zero in on one of the most misused tools in our professional toolbox:
The “As Is” Right to Inspect and Cancel Contract
For those unfamiliar: this Florida contract form allows a buyer to conduct inspections after going under contract—and cancel for any reason during the inspection period. It’s a powerful clause. Too powerful, frankly, in the hands of agents who misunderstand (or misuse) it. See my Substack below for my thoughts on that subject.
For Buyers: It’s a Risk-Assessment Tool, Not a Price-Leverage Weapon
Here’s what a good agent knows: the “As Is” contract is a window for risk evaluation. It’s your buyer’s chance to say:
“Now that I’ve looked under the hood, do I still want this car?”
Check things Out!
The inspection period is not a pricing renegotiation period by default. It’s a time to confirm that the financial risk you took when writing your offer still makes sense.
If it does? Move forward.
If it doesn’t? You have two ethical choices:
1. Terminate — cleanly and completely, using a simple Release and Cancellation.
2. Re-offer — if the buyer still wants the home but something material was uncovered (like a bad roof or failing septic), you can send a Release and Cancellation paired with a New Offer.
Yes, that’s right: the buyer walks away from the old deal—and simultaneously makes a new one. This might sound like a small difference from asking for a credit, but it’s actually huge.
The Ethical Distinction: Give the Seller Their Choice Back
When you say, “Give me $20,000 or I’ll cancel,” that’s a threat. It’s extortionate in feel, even if not in law. The seller is backed into a corner and forced to choose between losing the deal entirely or giving in to a demand.
But when you say, “We’re releasing the contract and would like to offer this amount instead, based on the findings,” you’re giving the seller a choice. They’re free to say no. And that matters.
That freedom of choice is the difference between good faith negotiation and bad faith pressure. And if we’re going to build a profession rooted in trust, we better know the difference.
What Happens If the Buyer Simply No Longer Wants the Home?
Easy. Send the Release and Cancellation. Full stop. No explanation needed, no demand made. That’s what the contract allows, and that’s the honest path to walk when the home simply isn’t the right fit anymore—physically, emotionally, or financially.
Don’t string the seller along. Don’t create fake leverage. Don’t make closing feel like a hostage situation.
Listing Agents: You Can Flip the Script
Here’s a little-known strategy savvy listing agents use:
If you're worried about “As Is” offers used as bait-and-switch tactics, make a reverse offer to the buyer. Give them 10 days to inspect before binding the seller in contract.
Look for that full process in a future posting on Reverse offer Strategy: How-To Reverse an As Is Right to Inspect Offer
That means:
The home is not pending.
The seller remains free to accept other offers.
The buyer gets time to inspect.
If they want to go forward, they sign the actual contract after their inspection period.
This preserves leverage, deters gamesmanship, and puts both sides on firmer ethical ground. Again more complete discussion coming soon.
Contracts Aren’t Just Legal Tools — They’re Strategic Frameworks
A contract is not just a form. It’s not a checkbox. It’s a framework—one that holds both legal and relational weight.
If we use them well, they protect everyone.
If we use them poorly, they breed mistrust—and cost good agents future deals.
Some are more strategic
So let’s be the agents who understand not just what the contract says—but how it was meant to work. Let’s train our teams, guide our clients, and use our forms with integrity.
The “As Is” contract doesn’t have to be a problem. But how we use it?
That’s up to us.
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