Seller Maintenance Obligations Under Contract in Niceville, Fort Walton Beach & Shalimar
Seller maintenance obligations under contract in Florida depend first on the contract you signed. If you are using one of the current Florida Realtors/Florida Bar residential contracts, the important starting point is the property's condition as of the Effective Date.
That matters.
Going under contract does not mean you can stop taking care of the house. But it also does not mean that every problem discovered before closing automatically becomes a repair the seller must make.
The signed contract controls.
Updated August 14, 2026. This article explains the current Florida Realtors/Florida Bar contract language from a real estate broker's perspective. It is general seller education, not legal advice. Contract disputes or questions about legal rights should be reviewed by a Florida real estate attorney.
TL;DR
Under the current Florida Realtors/Florida Bar AS IS Residential Contract:
The seller has a continuing maintenance requirement.
The baseline is the property's condition as of the Effective Date.
Ordinary wear and tear is excluded from that maintenance requirement.
Casualty Loss is handled separately under the contract.
Lawn, shrubbery and pool are specifically mentioned in the maintenance provision.
The buyer may conduct a walk-through immediately before closing to check the property's maintenance condition and other contractual obligations.
If the seller cannot satisfy the maintenance requirement before closing, the contract contains an escrow procedure.
A fire, major storm or other casualty may fall under the contract's separate Risk of Loss provision instead of the normal maintenance provision.
The standard Residential Contract also contains a maintenance requirement, but it has additional inspection and repair provisions that must be reviewed separately.
The first question is therefore not:
"Is this an AS IS sale?"
The better question is:
"What does this particular contract require the seller to do?"
The Contract Establishes the Maintenance Baseline
Paragraph 11 of the current Florida Realtors/Florida Bar AS IS contract says, except for ordinary wear and tear and Casualty Loss, the seller is to maintain the property, including lawn, shrubbery and pool, in the condition existing as of the Effective Date.
That is the important date.
Not the date the buyer first toured the property.
Not necessarily the date the buyer wrote the offer.
Not someone's memory of what the house looked like two weeks earlier.
The Effective Date is a defined contract term.
That distinction is important when something changes between going under contract and closing.
Does AS IS Mean the Seller Can Stop Maintaining the House?
No.
But we also need to be careful about what AS IS actually means.
Florida Realtors describes the AS IS form as a contract used when a seller does not want to be obligated to make repairs and the buyer wants the ability to cancel during the inspection period if the property is unacceptable.
That does not eliminate the separate maintenance requirement.
The AS IS contract also states that if the buyer continues with the transaction after the inspection period, the buyer accepts the property's physical condition subject to the seller's continuing AS IS Maintenance Requirement.
Those are two different issues.
Existing condition: What the buyer is agreeing to purchase.
Maintenance: What happens to the property between the Effective Date and closing.
A buyer can still ask a seller for a repair, replacement or credit in an AS IS transaction. The AS IS form does not automatically require the seller to agree to that request.
Whether the buyer can cancel, whether the seller has an obligation to act, and what happens next depends on the contract, the timing and the facts.
What If Something Breaks After the Effective Date?
This is where sellers should avoid making their own legal interpretation of the contract.
Suppose the air conditioner was operating and stops cooling a week before closing.
Or a dishwasher included with the sale stops operating.
Or a new roof leak appears.
Or the pool equipment fails.
Do not automatically assume:
"It's AS IS, so I don't have to do anything."
But do not automatically assume:
"The contract requires me to replace it."
The correct response is to document what happened, determine when it happened, review the exact contract and any addenda, obtain the information or estimates needed, and then decide how to address it.
If the parties disagree about whether a particular condition is ordinary wear and tear, maintenance, Casualty Loss, a contractual repair obligation or something else, that can become a legal interpretation question.
That is when a Florida real estate attorney may need to be involved.
Lawn, Shrubbery and Pool Are Specifically Mentioned
This part is unusually clear.
The current FR/Bar maintenance language specifically references:
Lawn
Shrubbery
Pool
So once you are under contract, this is not the time to cancel lawn service because you are moving.
It is not the time to stop pool service because you will be gone in three weeks.
This becomes especially important for military and relocation sellers who leave Niceville, Shalimar or Fort Walton Beach before closing.
If the home will be vacant, have a plan.
Keep the lawn service going.
Keep the pool maintained.
Have somebody local checking the property.
Keep the utilities operating as required for inspections, appraisal and the pre-closing walk-through.
A small maintenance problem is much easier to handle when it is discovered two weeks before closing than two hours before closing.
What About the Air Conditioner, Appliances and Other Systems?
These situations deserve more care than a simple yes-or-no answer.
Paragraph 11 broadly addresses maintaining the property. Other provisions of the contract may address inspections, repairs, included personal property, access, casualty damage or specific negotiated obligations.
For example, the standard Residential Contract contains separate provisions for General Repair Items, WDO issues and Permit issues.
That means an HVAC problem under a standard contract may involve more than the general maintenance paragraph.
The current standard contract should not be summarized using old terminology or by assuming every inspection issue produces the same seller obligation.
AS IS Contract vs. Standard Residential Contract
The maintenance language is similar, but the inspection structure is different.
AS IS Residential Contract
The buyer has an inspection period and a broad contractual right to determine whether the property is acceptable during that period.
The seller does not automatically agree to repair everything the inspection discovers.
However, the seller still has the continuing AS IS Maintenance Requirement.
Standard Residential Contract
The standard contract contains its own inspection-and-repair structure.
The current form separately addresses:
General property inspection and repair
General Repair Items
WDO inspection and repair
Permit inspection and close-out
Negotiated repair limits
The seller's continuing Maintenance Requirement
If you are using the standard contract, the actual repair limits and completed blanks matter.
Do not use a general internet article to determine what you owe.
Read the contract you signed.
What Happens at the Final Walk-Through?
The final walk-through is one reason maintenance problems cannot simply be ignored.
Under the current AS IS form, the buyer or buyer's representative may conduct a walk-through on the day before closing or on the Closing Date before closing, as specified by the buyer.
Among other things, the walk-through allows the buyer to verify that the seller has maintained the property as required and has met the seller's other contractual obligations.
The buyer is also checking that included Personal Property remains at the property.
That is why I recommend that sellers do their own practical check several days before the buyer's walk-through.
That is not a contractual deadline.
It is simply good transaction management.
Check:
HVAC operation
Visible plumbing leaks
Pool condition
Lawn and shrubs
Appliances included with the sale
Garage-door openers
Keys and access devices
Items specifically included in the contract
Agreed repairs
Trash and personal property that must be removed
Any issue that developed since the last inspection
Finding the problem first gives you time to deal with it.
Keep the Utilities On
The FR/Bar contract also addresses access before closing.
Upon reasonable notice, the seller is to provide utility service and access for appraisals, inspections and the walk-through.
For a vacant house, turning off electricity or water too early can create unnecessary problems.
The buyer, inspector, appraiser or lender may need those systems operating.
What If the Seller Cannot Complete Maintenance Before Closing?
The current AS IS contract contains a specific escrow procedure.
If the seller is unable to meet the AS IS Maintenance Requirement before closing, Paragraph 9 provides for an amount equal to 125% of the estimated cost to meet the maintenance requirement to be escrowed at closing.
The form also addresses what happens if actual costs differ from the escrowed amount.
That does not mean a seller should simply decide on closing morning to "put some money in escrow."
The closing agent, the contract and the circumstances have to be reviewed.
If there is disagreement about how the provision applies, legal counsel may be appropriate.
Storm Damage Is Different From Normal Maintenance
Northwest Florida sellers need to understand this distinction.
Damage caused by a fire or another casualty between the Effective Date and closing is addressed separately under the contract's Risk of Loss provision.
Under the current FR/Bar language, the contract uses a threshold of 1.5% of the Purchase Price when addressing casualty restoration and the parties' contractual options.
That can matter after a tropical storm, hurricane, lightning event, fire or other casualty.
A new roof problem after a storm should therefore not automatically be labeled a "maintenance problem."
First determine what happened.
Then review the Risk of Loss provision and the rest of the contract.
My Advice to a Seller When Something Changes
Call me when you discover it.
Not the morning of closing.
Not after the buyer notices it.
And do not start negotiating directly with the buyer or buyer's agent before we understand what actually happened.
My job as your broker is to help establish the facts, review the transaction documents, gather estimates when appropriate, coordinate contractors, communicate with the other side and help you evaluate practical ways to keep the transaction moving.
My job is not to issue a legal opinion about breach, default, termination rights or how a court would interpret disputed contract language.
If the question crosses that line, I will tell you that a Florida real estate attorney should review it.
That protects you better than pretending a broker is a lawyer.
Military and Remote Sellers Need a Local Plan
This comes up regularly with sellers leaving for PCS orders from Eglin AFB or Hurlburt Field.
You may be in another state by the time your buyer has inspections, appraisal and the final walk-through.
The contract does not care that you are 800 miles away.
Before leaving:
Keep utilities active.
Keep lawn service scheduled.
Keep pool service active if applicable.
Give a trusted local person access.
Have your HVAC checked if it has been unreliable.
Make sure I know how to reach you quickly.
Tell me immediately if you receive notice of storm damage, leaks or other property problems.
Keep receipts and documentation for work performed.
The goal is simple.
Do not let a $200 problem become a closing-day negotiation because nobody saw it developing.
The Seller's Under-Contract Checklist
Once the Effective Date is established:
Keep the property maintained.
Continue lawn and pool service.
Keep utilities available.
Do not remove fixtures or personal property included in the contract.
Complete agreed repairs according to the signed contract and addenda.
Tell your broker promptly if something breaks or property condition changes.
Document new damage with photos and dates.
Obtain qualified contractor information when appropriate.
Check the property after significant storms.
Review the house several days before the buyer's final walk-through.
Do not assume AS IS answers every repair question.
Get legal advice if the parties dispute contractual rights or remedies.
The Bigger Point
Price gets most of the attention when a house goes under contract.
Closing the transaction is about managing everything that happens afterward.
Inspection.
Insurance.
Appraisal.
Repairs.
Maintenance.
Title.
Walk-through.
Closing.
A good contract-to-closing process is about removing surprises before they become negotiations.
That is especially important when you are selling from out of town.
Selling in Niceville, Shalimar or Fort Walton Beach?
Uber Realty helps sellers understand the contract, stay ahead of transaction problems and make informed decisions without pretending that every issue requires an expensive solution.
If something needs to be repaired, I can help identify qualified local contractors, obtain information and estimates, and coordinate the work with the transaction.
When a legal interpretation is needed, I will tell you that too.
Internal link: Link the words Selling Your Home in Niceville, Shalimar or Fort Walton Beach to Uber Realty's /sell-my-house page.
Call or text Jim Whatley: 850-499-2940
Uber Realty LLC
Jim Whatley, Broker/Owner
Florida Real Estate Broker
All commissions are negotiable.
Frequently Asked Questions
Does a Florida seller have to maintain a house after it goes under contract?
Under the current Florida Realtors/Florida Bar residential contracts, there is a property maintenance provision. In the AS IS form, except for ordinary wear and tear and Casualty Loss, the seller is to maintain the property in the condition existing as of the Effective Date. Your signed contract and addenda control your transaction.
Does an AS IS contract mean the seller does not have to make any repairs?
The AS IS form is designed so the seller is not automatically obligated to make inspection repairs, but it still contains a continuing maintenance requirement. A buyer may also request a repair or credit even though the seller is not automatically required to agree to it.
What happens if the air conditioner breaks before closing?
Do not assume the answer solely because the contract says AS IS. Document when the problem occurred and review the maintenance requirement, inspection provisions and any additional terms. If the parties disagree about their legal rights, consult a Florida real estate attorney.
Does the seller have to maintain the lawn and pool?
The current FR/Bar maintenance provision specifically mentions lawn, shrubbery and pool.
When does the buyer perform the final walk-through?
Under the current FR/Bar AS IS form, the walk-through may occur the day before the Closing Date or on the Closing Date before closing, as specified by the buyer.
What if storm damage happens before closing?
Fire or other casualty damage after the Effective Date and before closing is addressed under the contract's Risk of Loss provision. That should be reviewed separately from ordinary maintenance.
Can the seller turn the utilities off after moving out?
The contract requires utility service and access upon reasonable notice for activities including appraisals, inspections and the walk-through. Sellers who leave before closing should generally coordinate utility shutoff for after those contractual needs have ended.
What happens if the seller cannot complete required maintenance before closing?
The current FR/Bar forms contain escrow procedures for certain unfinished maintenance obligations. The exact contract, estimated cost and closing circumstances should be reviewed before deciding how that provision applies.
Can my real estate broker tell me whether I am legally required to make a disputed repair?
A broker can explain the form, identify the relevant paragraph, coordinate information and help negotiate. Determining disputed legal rights, breach, default or termination rights may require review by a Florida real estate attorney.
