Under Contract: Seller Maintenance Obligations in Niceville, Fort Walton Beach & Shalimar
TL;DR: Once your home is under contract, your maintenance obligations are locked in writing. Whether you signed a Florida AS IS contract or a standard FAR/BAR contract, you have to deliver the home in the same condition the buyer saw it. Here is exactly what that means, what breaks the rule, and what it costs you when it does.
The contract is signed. You are already thinking about your next move.
The last thing you want is a call from your agent telling you the deal is in jeopardy because your AC stopped working, or a buyer showed up for the final walkthrough and the pool looked like a science project.
It happens more than sellers expect. Almost every time, it was preventable.
Here is what Florida law and your contract actually require from the day you sign to the day you close.
The Core Rule: Same Condition as the Day You Signed
Florida uses two main contract types: the AS IS Residential Contract for Sale and Purchase and the standard FAR/BAR contract. Both contain the same foundational requirement.
You must maintain the property in the condition it was in at the time of contract execution.
That phrase, "same condition," is doing serious legal work. It does not mean mostly the same. It does not mean good enough. The buyer has a contractual right to receive the home in the state they agreed to buy it.
If something changes between contract and closing, you have a problem.
AS IS Contracts: What You Think They Mean vs. What They Actually Mean
Most sellers in Niceville, Fort Walton Beach, and Shalimar are selling AS IS. After the NAR settlement and shifting inventory levels in Okaloosa County, AS IS contracts are the norm.
Sellers often misread what AS IS actually covers. Here is the accurate version.
AS IS means the buyer accepts the condition of the property as it exists at the time of contract. It does not mean you are off the hook for changes that happen after signing.
If your roof has a pre-existing issue the buyer accepted at inspection, that is covered. If your roof develops a new active leak after signing, that is your maintenance obligation. The distinction matters, and buyers know it.
What AS IS protects you from: the buyer cannot demand repairs based on what the inspector finds, as long as that condition existed before contract.
What it does not protect you from: a materially different condition at closing than what the buyer agreed to purchase.
Standard FAR/BAR Contracts: Defective Inspection Items
If you signed a standard contract with a repair limit, the scope is different. The buyer can request repairs up to the agreed dollar amount based on inspection results. Those are called Defective Inspection Items, and they cover structural defects, non-working appliances, active leaks, pest infestations, and mold.
What the standard contract does not require you to fix: cosmetic issues, normal wear and tear, or items that are functioning but older. A 12-year-old water heater that still heats water is not a defective inspection item. A 12-year-old water heater that stops working the week before closing is a different conversation.
The Five Systems That Kill Deals During the Contract Period
After 19 years closing transactions in Niceville, Fort Walton Beach, and Shalimar, these are the systems that derail sales between signing and closing.
Air Conditioning
In Northwest Florida, the AC is not a convenience. It is a material component of the home.
If the system was working when the buyer made their offer and stops working before closing, you are required to address it. AS IS or standard contract, it does not matter. Buyers test the AC at the final walkthrough. Every single time.
Roof
A storm can change the condition of a roof between contract and closing. If the buyer's agent calls because new water intrusion was found, deal with it immediately. One unaddressed roof issue has killed more deals in Bluewater Bay and Swift Creek than I can count.
Pool and Lawn
These are condition items. A pool that is clean and functioning at contract needs to be clean and functioning at closing. A lawn that was maintained needs to stay maintained.
If the home is vacant, and it often is during military PCS moves, this requires a plan before you leave. Not a hope that nothing goes wrong.
Appliances
If appliances are included in the sale and are working at contract, they need to be working at closing. A dishwasher that breaks mid-contract is your problem, not the buyer's.
Pest and Mold
Florida's climate creates opportunity for both. A new infestation during the contract period that was not present at time of signing is not covered by AS IS protection. Treat it. Document it. Disclose it.
The Final Walkthrough: Where Deals Die
Buyers have the right to a final walkthrough before closing, typically within 24 hours of the closing date. This is their opportunity to confirm the property is in the same condition they agreed to purchase.
If it is not, they can request a delay, negotiate a credit, or walk away, depending on what their contract allows.
The walkthrough is not a courtesy. It is a contractual event. Treat it accordingly.
What to Do If Something Breaks During the Contract Period
Call your agent immediately.
Do not wait to see if the buyer notices. Do not make an unauthorized repair that changes what was agreed to. And do not contact the buyer's agent before your own.
A broken system is a problem that can almost always be solved if it is addressed honestly and quickly. A broken system discovered at the final walkthrough is a crisis with a closing date attached.
In most cases, your options are: repair to original or equivalent condition, offer a closing cost credit, or renegotiate a price adjustment. Which option makes sense depends on the system, the cost, the contract type, and how close you are to closing.
This is exactly the kind of situation where having someone with actual negotiation training in your corner matters. Any agent can write a contract. Not all of them know how to work through what happens after one.
Military Sellers: The Vacant Home Problem
If you are selling with PCS orders and have already reported to your next duty station, your home is vacant during the contract period. That is common in Niceville, Shalimar, and Fort Walton Beach given Eglin AFB and Hurlburt Field assignment cycles.
Vacant homes develop problems that occupied homes do not. AC systems fail without anyone noticing. Lawn maintenance slips. Pools go untreated for one week too many.
Before you leave, set up an automatic maintenance schedule. Lawn service on a contract. Pool service on a contract. Someone you trust with a key who will walk through every two weeks.
These services run $150 to $300 per month combined. That is a fraction of what it costs when a deal falls apart 30 days before a scheduled closing.
The sellers who close cleanly from a remote location are the ones who have a local plan before they board the flight.
Commission Transparency
Commissions are not set by law and are fully negotiable.
Whether you work with Uber Realty at 1% or a traditional brokerage at 3%, your maintenance obligations during the contract period are identical. They come from the contract, not from who listed your home.
What changes is what happens when something goes wrong. You want someone who knows how to handle the conversation that follows, not someone who forwards a demand letter and asks what you want to do.
Call or text 850-499-2940. I will answer. I always do.
Frequently Asked Questions
Does an AS IS contract mean I don't have to maintain my home during the contract period?
No. AS IS means the buyer accepts the property in the condition it was in at time of contract. You are still required to maintain that condition through closing. If the AC stops working, the roof develops a new leak, or the pool deteriorates after the contract is signed, you have a maintenance obligation regardless of the AS IS designation. AS IS protects you from repair demands based on pre-existing conditions found at inspection. It does not protect you from changes that happen after signing.
What happens if my AC breaks the week before closing?
You have three options: repair it to equivalent working condition, offer the buyer a closing cost credit, or negotiate a price adjustment. The key is to disclose it to your agent immediately and address it before the final walkthrough. Buyers test the AC at the walkthrough. If it is not working and you have not addressed it, the closing is in jeopardy.
Am I responsible for lawn and pool maintenance while under contract?
Yes. Both are condition items. If your lawn was maintained and your pool was clean and functioning when the buyer made their offer, you are required to deliver them in the same condition at closing. Military PCS sellers in Niceville and Shalimar should set up automated maintenance contracts before departing.
How does the final walkthrough work and when does it happen?
The final walkthrough typically occurs within 24 hours of the closing date. The buyer confirms the property is in the same condition as when they signed, and that any agreed-upon repairs are complete. If the condition has materially changed, the buyer can request a delay, negotiate a credit, or in some cases terminate the contract.
What counts as a Defective Inspection Item in a standard Florida contract?
Defective Inspection Items include structural issues, non-working appliances, active leaks, pest infestations, and mold. Normal wear and tear and cosmetic issues do not qualify. Items that are functioning but older are generally not defective unless they stop functioning before closing.
