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Miami New Construction and Pre-Construction Homes

Beyond new builds, this site offers help with commercial and investment property, including replacement property searches, in case a pre-construction purchase is an option to compare against others.

PRE-CONSTRUCTION

What should you check before holding a pre-construction condo in South Florida?

Treat it as a single decision, not four: the contract, the developer's record, what the tower will cost to run, and how you get out. A rendering sells a lifestyle, but only the purchase agreement, projected fees and delivery terms show what you're really committing to.

Judge the entire building, not only the floor plan

Start with what the developer has actually finished, then look at who designed and who is building this tower and how far along construction is today. Ask how the units will be owned and how the association will be set up. Then compare your line and view with other stacks in the building and with similar finished units now listed for sale.

Track every dollar and every date

Before you sign, write down each deposit milestone, each financing step, the closing requirements and the cash you need to hold in reserve. Then ask how long your money stays tied up, which contract terms could still change and which projected costs are just estimates. Finally, work out what a late delivery would do to your plans.

Pick your exit before you enter

Decide up front whether this is for your own use, a long hold, rental income or a resale at delivery. Then check the contract's limits on assignment and leasing, how much competing supply is due at handover, and what the tower's rules say about short-term rentals. A sound purchase gives you a reason to hold even if appreciation lands below the sales gallery's projection.

Buying before the building is finished

How buying pre-construction works in Florida

Buying pre-construction means committing to paperwork, not to a finished home: a contract and the documents that come with it. You choose a layout and a unit line, sign, and then pay deposits in installments as the tower rises. Florida's Condominium Act controls those deposits and the documents you're owed, and its buyer protections go further than many people assume.

The figures below come straight from the statute. The contract adds terms of its own, such as deposit dates, completion deadlines and what happens if construction runs late. Have a Florida real estate attorney review it before your right to cancel runs out.

  • 15 daysYou have 15 days to cancel in writing after signing and receiving every required document, and that right can't be waived. Source: F.S. §718.503(1)F.S. §718.503(1)
  • 10%Deposits of up to 10% of the price are held in escrow by an agent with no ties to the developer. Source: F.S. §718.202(1), (8)F.S. §718.202(1), (8)
  • Over 10%Money above that 10% can go toward construction only if the contract grants that permission in bold type on its first page. Source: F.S. §718.202(3)F.S. §718.202(3)
  • 100%A reservation deposit comes back 100% on written request, but only until the contract is signed. Source: F.S. §718.202(6)F.S. §718.202(6)

Step by step

Reservation through keys

  1. Reservation

    Some developers accept reservations before any contract exists. The reservation deposit is placed with an escrow agent and comes back in full, right away, if you ask in writing. The developer gets that money only as a down payment once a contract is signed.

  2. Contract and documents

    Along with the contract you receive the prospectus or offering circular, the condo declaration, the estimated operating budget with dues by unit type, and the sheet of Frequently Asked Questions and Answers. A prospectus is required once a project has more than 20 residential units.

  3. The 15-day right to cancel

    You're allowed to cancel in writing within 15 days after you've signed and received every required document. Any amendment that changes the offer against you opens a second 15-day window. During those 15 days the developer can't close without your written consent.

  4. Deposits during construction

    Payments follow the contract's timetable, usually at signing and then at construction milestones. The first 10% remains in escrow or is backed by a surety bond or letter of credit accepted by the state. Anything beyond that first 10% can fund construction only if the contract allows it.

  5. Completion and closing

    For escrow purposes, the building is complete once a certificate of occupancy is issued. Before closing, walk the unit, list anything unfinished, confirm your financing and review the closing statement. The rest of the price is due at closing.

Reading the paperwork

Six things to look for in the paperwork

  • Estimated budget

    The developer has to give you the budget and a schedule of payments by unit type. The contract warns that these figures are only estimates and that actual costs may be higher.

    F.S. §718.503(1)(a)

  • Guaranteed assessments

    A developer may hold assessments at a fixed amount for a set period and pay any shortfall itself. Note when that guarantee ends, because that's when the real budget takes over.

    F.S. §718.116(9)

  • Rental and resale limits

    The FAQ sheet must state any rental restriction in plain language. Check the leasing limits before counting on rental income. Assigning the contract before closing depends on its terms.

    F.S. §718.504

  • Amenity fees

    Where owners owe rent or land-use fees on recreational or shared facilities, the prospectus has to flag them in conspicuous type. They're a cost the price doesn't show.

    F.S. §718.504

  • Flood disclosure

    The contract has to state that homeowners' insurance doesn't cover flood damage, whether the developer is aware of flooding on the property, and whether it has ever filed a flood claim.

    F.S. §718.503(1)(a)

  • What the sales team says

    Brochures and contracts must warn you not to rely on oral statements. Anything that matters to you, such as a view, a finish or a date of delivery, belongs in the contract or its exhibits. Complete plans and specifications are open for you to inspect.

    F.S. §718.503(1)(a), (3)

Buying a condo: two routes

Pre-construction vs. resale

  • Pre-construction

    What you get to see before signing
    Renderings, floor plans and a model, plus the complete plans and specifications.
    Money due before closing
    Staged deposits during construction, usually a bigger share of the price than you would put down on a resale.
    Building finances
    The developer's projected budget, sometimes with assessments guaranteed for a set period.
    Right to cancel
    Within 15 days after you sign and get the documents, plus a new 15-day window after any amendment that works against you.
    Timeline
    You get the unit only once the building is finished, on the completion terms in the contract.
  • Resale

    What you get to see before signing
    The actual unit, its real view and a building that already exists.
    Money due before closing
    A first deposit when you sign the contract, and the balance at closing.
    Building finances
    Real budgets and reserves you can review, plus the summary of the milestone inspection and the structural integrity reserve study, if they apply.
    Right to cancel
    Within 7 business days after you've signed and received the association documents, unless you had them for more than 7 business days ahead of signing.
    Timeline
    Closing follows the contract's timeline, usually weeks, not years.

These cancellation rights are set by F.S. §718.503(1) and (2), though a contract can give you a longer window than the statute does, and any waiver of these rights is void.

Questions

Common questions about buying pre-construction

Who is holding my deposit, and can I verify it?

The contract must identify the escrow agent and give its address; on request, the agent must give you a receipt. The agent must be independent of the developer, for example a bank, a savings and loan association, a Florida Bar attorney, a title insurance company or a licensed real estate broker.

What happens to the deposit if my contract is terminated?

If the contract ends properly under its own terms or the Condominium Act, the escrowed money comes back to you with the interest it earned. Find out early whether any deposit above 10% has already gone to construction, because money that's been released is no longer in escrow.

Can a foreign national purchase pre-construction in Florida?

Most foreign nationals are able to purchase a Florida condo. State law does limit some buyers domiciled in certain listed countries; a Florida attorney should confirm your eligibility before you sign.

Are the monthly fees the developer quotes final?

No. The budget is a good-faith estimate by the developer, and the contract warns that actual costs may run higher. Increases the developer doesn't control don't, on their own, entitle you to cancel the contract.

What if the developer changes the plans?

If an amendment materially works against you, you have 15 days after receiving it to cancel in writing. Save every amendment and the date it arrived.