Title Insurance
Does an AS IS Contract Still Need a Florida Title Search?
Direct answer
Yes. An AS IS purchase in Florida still needs a title search. AS IS is about the physical condition of the property and the seller's repair duty. It does not wipe a recorded mortgage, a judgment, unpaid taxes, an easement, or a missing deed. The Florida Realtors and Florida Bar AS IS contract revised in August 2024 still calls for a title insurance commitment and a written title objection. On that form, if the title-evidence blank is left empty, the commitment is due 15 days before closing, or 5 days before closing when the cash box is checked. The buyer then has 5 days after receiving the commitment to object in writing. A buyer who misses that notice is treated as having accepted the title. A different contract, or a number written into the blank, controls that file. We do not supply a deadline the form does not put in the file. A municipal lien search is a different search. A survey is not a title search. Who pays for title insurance, and who chooses the title company, is the purchase contract. When the property will be purchased with a federally related mortgage loan, 12 U.S.C. § 2608 says a seller cannot require the buyer to buy title insurance from a particular title company. A cash purchase is not that sentence. Florida title premiums follow Rule 69O-186.003. Confirm a wire by calling (352) 792-1214. On a sale we close, we submit the deed, and the mortgage if there is one, for recording after good funds. A quitclaim we only prepare is recorded by the client.
Key takeaways
- AS IS covers the physical condition and the seller's repair duty. Recorded title problems stay on the land.
- On the August 2024 Florida Realtors and Florida Bar AS IS form, an empty title-evidence line means 15 days before closing, or 5 days if the cash box is checked.
- On that form the buyer has 5 days after the commitment to object in writing. A missed notice is treated as acceptance of the title.
- A municipal lien search is a different search. A survey is not a title search.
- Who pays, and who chooses the title company, is the contract. Confirm a wire by calling (352) 792-1214.
Does an AS IS contract skip the title search?
No. AS IS is about the physical condition of the property and the seller's repair duty. On the Florida Realtors and Florida Bar AS IS contract revised in August 2024, the seller keeps the property in the condition it had on the effective date, aside from ordinary wear and casualty. If the inspection blank on that form is empty, the buyer has 15 days after the effective date to cancel. A buyer who does not cancel accepts the physical condition, including building, environmental, and safety code violations, subject to that maintenance duty. Lender-required repairs fall on the buyer. The seller still has to disclose known facts that materially affect value and are not readily observable.
A recorded mortgage, a judgment, unpaid property taxes, an easement, and a missing deed stay in the Official Records. The words AS IS do not release them. What the examiner reads is in what a Florida title search finds. Clearing a payoff is a separate job. Read clearing a judgment, tax lien, or old mortgage.
| Item | What AS IS does with it | What the file still needs |
|---|---|---|
| Physical condition | The buyer accepts the house if the inspection window closes | A home inspection, not a title search |
| Seller's repair duty | The seller maintains the existing condition. Lender repairs fall on the buyer | Not a release of any lien |
| Open mortgage | Nothing | A payoff, or a recorded release |
| Judgment or unpaid taxes | Nothing | The creditor's figure, then a satisfaction |
| Easement or missing deed | Nothing | The chain of title and the commitment |
| Code, water, or assessment charges | Nothing | A separate municipal lien search |
What title deadline does the AS IS contract set?
The same August 2024 form still calls for title evidence. A Florida title insurer issues a commitment, with copies of the listed exceptions, by a deadline measured back from the closing date. If that blank is left empty, the form fills in 15 days before closing. If the cash box is checked, the form fills in 5 days before closing. A number the parties write in the blank replaces both defaults. A builder contract or an older form can use a different clock. We read the contract in the file. We do not supply a number the form does not put there.
After the commitment arrives, that form gives the buyer 5 days to examine it and send written notice of a defect that makes title unmarketable. If the commitment arrives less than 5 days before closing, the buyer may move closing by up to 5 days after receipt so the exam can finish. A buyer who does not send the notice is treated as having accepted the title. The right to object is lost. The seller then has 30 days after the notice to try to cure. Those figures are printed on that form. They are not a statute, and they are not an office policy we apply to every contract.
A municipal lien search is a different search. The form treats it as its own look for certain unrecorded government liens. Read why the municipal lien search is separate. A survey is not a title search. On this form, some survey findings can be raised as title defects if the buyer gives written notice on time. That notice is a later article.
Who pays for the owner's policy, and who names the title company, is the purchase contract, not a Florida statute. When the property will be purchased with a federally related mortgage loan, 12 U.S.C. § 2608 says a seller cannot require the buyer to buy title insurance from a particular title company. A cash purchase is not that sentence. Read who chooses the Florida title company. Florida title premiums follow Rule 69O-186.003. We quote the file. This page does not publish a rate.
15 days
Before closing, for the title commitment, when the blank is empty and the cash box is not checked.
5 days
After the commitment arrives, for the buyer's written objection. An empty cash file is also 5 days before closing for title evidence.
30 days
After that written notice, for the seller to try to cure the defect.
How does an AS IS file still move through title?
Send the fully executed contract the day it is signed, including the AS IS pages and every addendum. A draft does not open the search. That packet is in what realtors send on day one. The path from contract to keys is in how long a Florida closing takes. A title item found late is one reason Florida closings get delayed.
Time to Close Title is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Confirm wiring instructions by calling (352) 792-1214. Do not use an account number that arrived only by email. Contact the office to open the file.
On a sale or other funded closing we handle, we submit the deed, and the mortgage if there is one, for recording after good funds. Recording is with the clerk of the county where the land sits. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office prepares the file. It is not the clerk. A quitclaim we only prepare is recorded by the client, who pays the documentary stamp tax and the clerk's fee.
Send the executed AS IS contract the day it is signed
Include every addendum. A draft does not open the title search or the municipal lien search.
Read the title-evidence line on that contract
On the August 2024 Florida Realtors and Florida Bar AS IS form, a blank line means 15 days before closing, or 5 days before closing if the cash box is checked. A written number controls. A different form may not use those defaults.
Object in writing inside the contract's notice window
On that August 2024 form, the buyer has 5 days after receiving the commitment. A buyer who misses the notice is treated as having accepted the title.
Clear recorded items the search lists
A mortgage, a judgment, taxes, an easement, or a missing deed is not cured by the AS IS clause. The municipal lien search is a separate order.
Fund, then we submit the deed for recording
On a sale we close, we submit the deed, and the mortgage if there is one, after good funds. Confirm any wire by calling (352) 792-1214. A quitclaim we only prepare is recorded by the client.
Frequently asked questions
Does an AS IS contract cancel the Florida title search?
No. AS IS is the physical condition and the seller's repair duty. A recorded mortgage, a judgment, unpaid taxes, an easement, and a missing deed stay in the record. Read what a Florida title search finds.
What happens if the buyer misses the title objection?
On the August 2024 Florida Realtors and Florida Bar AS IS form, the buyer has 5 days after receiving the title commitment to object in writing. A buyer who does not send that notice is treated as having accepted the title. The contract in the file controls. We do not supply a deadline that form does not print.
Is 15 days always the title deadline on an AS IS contract?
No. On that August 2024 form, 15 days before closing is the title-evidence default only when the blank is empty and the cash box is not checked. Cash on that form defaults to 5 days before closing. A filled-in blank, or a different contract, replaces both numbers. The buyer's written objection on that form is a separate 5 days after the commitment arrives.
Is a municipal lien search the same as the title search?
No. The title search reads the official records. The municipal lien search looks for code, water, and other charges that can sit outside those books. Read why a Florida municipal lien search is separate.
Does a survey replace the title search on an AS IS purchase?
No. A survey measures the land. A title search reads the record. On the August 2024 AS IS form, some survey findings can be raised as title defects if the buyer gives written notice on time. This article does not cover that notice.
Who pays for title insurance on an AS IS purchase?
The purchase contract, not a statute. Who chooses the title company is also the contract. When the purchase will use a federally related mortgage loan, 12 U.S.C. § 2608 says a seller cannot require the buyer to buy title insurance from a particular company. A cash purchase is not that sentence. Read who chooses the Florida title company. Premiums follow Rule 69O-186.003. We quote the file.
Where do you sign, and who records the deed?
The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or 888-228-0555 before you wire. Do not take wiring instructions from an email. On a sale we close, we submit the deed, and the mortgage if there is one, for recording after good funds, with the clerk of the county where the land sits. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. A quitclaim we only prepare is recorded by the client, who pays the documentary stamp tax and the clerk's fee. Contact the office.