What documents should a Miami pre-construction buyer request?

Before you sign, ask the developer for four things in writing: the full condominium document set Florida law requires, including the prospectus, the declaration and the estimated operating budget; the purchase agreement itself; the escrow agreement naming who holds your deposit; and the deposit schedule with every trigger date. In a branded building, add the brand licence and management terms. Under section 718.503 of the Florida Statutes, your 15 day right to cancel runs from the later of signing and receiving the required documents, so the receipt matters as much as the reading.

None of this is unusual to ask for. A developer that hesitates to hand it over has told you something.

For a project of more than 20 residences, Florida requires the developer to give buyers a prospectus, sometimes called the offering circular, under section 718.504. With it come the documents that will govern your home for as long as you own it:

The declaration of condominium, which defines your unit, the common elements, the use and rental restrictions, and how costs are shared.

The articles of incorporation and bylaws of the association, which set how the building is run and how owners vote.

The rules and regulations, covering pets, guests, moving, renovations and short stays.

The estimated operating budget, with the monthly fee for your unit, the reserves and what the association pays for.

The plot plan and floor plans, so the unit you are buying matches the drawing.

A schedule of estimated closing expenses, with a statement of whether title insurance is available and at whose expense.

Any management agreement, ground lease or recreational lease that binds the association.

You will also sign a receipt for these condominium documents. Note the date on it: it is the day your cancellation clock can start. Our page on reading a condominium document set shows which five sections decide how you will actually live in the building.

The purchase agreement is where the money and the dates live. Before signing, find these in the text, not in the sales brochure: the price and the exact unit; the deposit amounts as percentages with their trigger events; the outside date by which the developer must complete; what happens to your deposits if that date passes; whether and when you may assign the contract; what the developer may change in the plans and finishes; and who pays which closing costs.

Our pages on the deposit schedule, on assigning a contract and on what happens if you walk away explain each clause in plain words.

Ask for the escrow agreement and the name of the escrow agent, usually a law firm, title company or bank. Under section 718.202, a developer must hold buyer deposits in escrow, and only the part above 10 percent of the price may be used for construction, and only if the contract says so in conspicuous type. Read that clause twice. It tells you how much of your money is still protected if the project stalls.

When you pay, ask for a written receipt from the escrow agent, not only from the sales office. Our page on where your deposit actually sits walks through the chain from your bank to the escrow account, and source of funds documentation covers what the escrow agent will ask of you.

No. Florida lets a developer take refundable reservation deposits before its full offering is filed and contracts can be signed, with the money held in escrow. Edgeworth, in West Palm Beach, is taking fully refundable reservation deposits now, ahead of a 2027 construction start; see the Edgeworth note. A reservation holds a place in line. The documents above, and your cancellation right, arrive with the contract.

In a branded residence, ask for the brand licence terms and the management agreement, and ask what happens to services and fees if the licence ends. Developers often say this plainly. The fact sheet for ORA by Casa Tua states that the project is not owned, developed or sold by the brand and that the licence may be terminated or revoked; see ORA's entry price note.

You can also confirm that the offering is on file with the state. Our records show the Fouquet's Miami offering filed under file CP26-0012 and ORA's under CP24-0079; see the Fouquet's location note. Ask any developer for its file number. Then check the developer's delivered record, as our page on verifying a developer's record explains.

Read them with counsel inside the 15 day window, not after it. If the developer later amends the documents in a way that materially and adversely changes the offering, Florida gives you a fresh window to cancel from receipt of the amendment. Keep every version.

The desk requests the full set for you, checks that it is complete, and reads the deposit, completion and assignment clauses with you before you sign. Legal advice comes from your attorney; we make sure your attorney has everything. When the building is finished, a second set of documents matters; our page on documents to get before closing covers it, and cash or mortgage covers how the balance is funded at closing.