Fort Myers Real Estate Contracts and Seller Disclosures

FAR-BAR stands for Florida Association of Realtors and Florida Bar. The two organizations jointly produce the standard residential purchase contracts used throughout Florida, including Fort Myers and the broader Southwest Florida market (with the exception of Naples). These are the contracts your agent will use to document an offer, negotiate terms, and carry the transaction to closing.

There are two main versions: the As-Is Residential Contract for Sale and Purchase, and the Standard Residential Contract for Sale and Purchase (sometimes called the Financing contract). Each handles inspection rights, repair obligations, and buyer remedies differently. Understanding which contract is on the table before you accept an offer protects you from surprises at the inspection stage.

The As-Is contract is the most commonly used form in Southwest Florida. Under this contract, the buyer agrees to purchase the property in its current condition. The seller is not obligated to make repairs based on the inspection findings. However, the buyer retains the right to conduct inspections and, if they are not satisfied with what they find, to cancel the contract and receive their deposit back within the inspection period.

This does not mean the seller has no obligations. Florida law still requires full disclosure of known material defects. The As-Is designation refers to the repair obligation, not the disclosure obligation. Sellers must still complete all required disclosure forms honestly and completely.

The As-Is contract is popular with sellers because it limits post-inspection repair negotiations. It is popular with buyers because the inspection contingency gives them a clean exit if the property condition is not acceptable. Most Fort Myers residential transactions use this form.

The Standard FAR-BAR contract includes a repair limit provision. Under this form, if the inspection reveals defects, the buyer can request repairs up to a negotiated dollar limit stated in the contract. If the seller declines to make repairs within that limit, the buyer may cancel and recover their deposit.

This contract is more common in transactions where the buyer's lender requires the property to meet certain condition standards before funding the loan — for example, FHA or VA financing, which have minimum property requirements. If the appraisal or inspection identifies items the lender requires to be corrected, the Standard contract's repair framework gives both parties a structured way to address them.

Sellers should understand the repair limit before accepting an offer on the Standard contract. A low repair limit reduces your exposure; a high one can create significant post-inspection obligations. Discuss the appropriate limit with Stacey before you list so you are not negotiating it under pressure when an offer arrives. As a Seller you might prefer the standard contract because the Buyer is more "locked in" on purchasing your home, so long as you're willing to remedy the deficiencies found.

Florida law requires sellers to disclose all known material defects that are not readily observable and that would affect the value of the property. Stacey's team provides all required disclosure forms at the time of listing — before the home goes on the market — so that buyers receive complete information and the transaction is not delayed by missing paperwork.

The standard disclosure package for a Fort Myers listing typically includes the Seller's Property Disclosure, which covers the condition of the roof, HVAC, plumbing, electrical, pool, and other systems; the Lead-Based Paint Disclosure for homes built before 1978; the HOA or Condo Association Disclosure if the property is subject to an association; and the Flood Disclosure, which is particularly important in Southwest Florida where flood zone designation affects insurance costs and buyer financing.

Completing disclosures accurately and early protects you as a seller. A buyer who discovers an undisclosed defect after closing has legal remedies. A buyer who receives complete disclosures upfront can make an informed decision, and the transaction is less likely to unravel at the inspection stage over something you already knew.