Miami Dossierby Metrik WhatsApp the Desk
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How does a trust buy a Miami pre-construction condo, from offer to recording?

For the buyer whose estate plan holds property in a revocable trust, and who wants the new Miami home to sit there from the first signature rather than be moved in later.

This page explains. Whether the building suits you is a separate conversation. Contact the desk at Miami Dossier for the current position on any building we cover.

The short answer

The trustee signs for the trust from the start: the reservation, the purchase agreement and every deposit instruction, each in the trustee's name as trustee of the named trust. The developer and the title company ask for proof of the trustee's authority, usually a certification of trust rather than the whole document. Deposits come from the trust's account. At closing the deed names the trustee, the owner's title policy follows, and the deed is recorded with the county. The point to settle early is who signs, because changing the buyer after signing can depend on the developer's consent.

Why set this up before the reservation?

Most pre-construction agreements limit assignment. A buyer who signs personally and later wants the trust to take the contract may need the developer's written consent, and some agreements charge for it or refuse it. Our page on whether you can assign a pre-construction contract explains the clause, and Kempinski's assignment terms show how one building treats it.

So the order is: speak with your estate attorney, confirm the trust can hold Florida real estate, confirm the trustee's powers, and only then reserve. Our page on LLC, trust or personal name sets out why a family might choose each, and buying a Miami condo through an entity or trust lists the questions for counsel.

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Who signs, and what proves they can?

The trustee signs, as trustee. The signature block names the trustee, the trust and its date, so the record shows the trust as the buyer from day one. Where there are co-trustees, ask counsel whether the trust lets one sign alone.

Florida law lets a trustee give a certification of trust instead of the full trust document, under section 736.1017 of the Florida Statutes. It confirms the trust exists, who the trustees are, and that they have power to buy and hold property. The developer's sales team and later the title company will ask for it, with the trustee's identification. Keep a signed copy in the purchase file.

How do deposits move from a trust?

From the trust's own account, in the trust's name. That keeps the money trail clean for the escrow agent and for the bank's source of funds review. Our page on source of funds documentation lists what a receiving bank may ask.

Deposits on a Florida pre-construction condo are paid in stages and held by the escrow agent named in the agreement. At Fouquet's Hotel & Residences, for example, the offering materials stage deposits across contract, groundbreaking and top off, with the majority at closing, held in escrow under the Florida condominium statute. Banyan Tree Residences published a staged schedule in May 2026 with the majority due at closing. Read where your deposit actually sits for what the escrow rules protect.

The buyer also has a 15 day window to cancel after signing or after receiving the required documents, whichever is later. The trustee exercises it, not a beneficiary.

What if the trust changes while the tower rises?

Pre-construction runs for years. Over that time a trustee may step down, fall ill or die, and a successor trustee takes over under the trust's terms. Nothing about the contract needs to fail, but the developer and the escrow agent need to know who signs now.

Keep a short protocol in the file: the successor trustee's name, a fresh certification of trust when trustees change, and a letter to the developer's closing department with the new signatory. If the trust is amended or restated, ask counsel whether the change affects the certification already given. A financed purchase adds the lender, who will want its own review of the trust before closing.

What happens at closing and recording?

Closing comes at delivery. The title company confirms the trustee's authority again, prepares the closing statement and collects the balance from the trust's account or the lender. The developer's deed conveys the home to the trustee of the named trust. The owner's title policy names the same insured.

The title company then records the deed with the county clerk, in Miami-Dade for Downtown and the Design District, in Palm Beach County for West Palm Beach. Recording puts the trustee's name, not the beneficiaries', on the public record. That is a measure of privacy, not anonymity.

After recording, bind the insurance in the trustee's name, and ask counsel whether the home can claim the homestead exemption if a beneficiary lives in it as a permanent residence; the answer turns on the trust's terms. Our page on documents before closing on a new Miami condo lists the rest of the closing file.

A buyer from abroad weighing a US company instead should read how a foreign buyer using a US LLC goes from offer to recording. For the buildings themselves, see Fouquet's Miami bought through a trust or entity and the Kempinski dossier. The desk reads the assignment clause and the deposit schedule with you before the trustee signs, and works alongside your attorney rather than in place of one; our note on how pre-construction in Miami works covers the stages in order.

The Shift

What the desk holds on Buying through a trust

Contact the desk at Miami Dossier for the current plans, pricing and availability as the developer releases them, discussed one to one.

The plans by line, and which lines are left. The developer’s current release, not the brochure’s.
The deposit schedule. Proportions, trigger dates, and where the money sits.
What the sales gallery will not volunteer. The view lines that close, the floors that trade first, the association budget.
Where we would not proceed. Sometimes the answer is a different building. Sometimes it is not yet.

WhatsApp the desk · 305.588.4547·[email protected]

Common Questions

Questions buyers ask

Can a revocable trust buy a condo in Florida?
Yes. A trustee can buy and hold Florida real estate for a trust whose terms allow it. The trustee signs the contract and takes title as trustee. Ask your estate attorney to confirm the trust's powers before signing.
What is a certification of trust in Florida?
A short document, under section 736.1017 of the Florida Statutes, that confirms the trust exists, names the trustees and states their powers. It lets a trustee prove authority without handing over the whole trust.
Can I sign personally and move the condo into my trust later?
Possibly, but pre-construction agreements often limit assignment and may need the developer's consent. After closing, a deed into the trust is possible, with its own costs and questions. Decide before signing.
Do deposits have to come from the trust's account?
It is the cleanest path. Deposits from the trust's own account match the buyer named in the contract and simplify the escrow agent's and the bank's review. Ask counsel if another source is planned.
Does a trust keep my name off the public record?
The deed names the trustee and the trust, not the beneficiaries. If you are the trustee, your name appears. A trust offers some privacy, not anonymity. Ask counsel what a different trustee would change.
What happens if the trustee dies during construction?
The successor trustee named in the trust takes over. Give the developer and escrow agent a new certification of trust and the successor's details. The contract usually continues, but confirm with counsel.
Can a trust get a mortgage for a Miami condo?
Many lenders lend to revocable trusts, with the trustee signing and often the grantor guaranteeing. Each lender has its own rules. Ask early, since the lender will review the trust before closing.
Who records the deed when a trust buys?
The title company records the deed with the county clerk after closing: Miami-Dade for Miami addresses, Palm Beach County for West Palm Beach. The recorded deed names the trustee as owner.
Can a home in a trust get the Florida homestead exemption?
Often, when a beneficiary with the right to live there uses it as a permanent residence, but it depends on the trust's terms. Ask counsel and file with the county property appraiser by 1 March.
Does a trust change the 15 day cancellation right?
No. The buyer from a developer has 15 days to cancel after signing or after receiving the required documents, whichever is later. The trustee exercises the right for the trust.
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Before You Act On Any Of This

Before you act on any of this

We hold no listings and we are not the developer. Contact the desk at Miami Dossier and we will tell you what applies to your situation, what does not, and where we would not proceed. Where a question is legal, tax or structuring, we introduce you to advisers who handle that properly rather than answering it ourselves.

WhatsApp the desk · 305.588.4547·[email protected]

Who answers this page

Miami Dossier is the private buyer advisory of Metrik Real Estate, built to represent buyers in Miami pre-construction. Principal: Samuel Strauch.

A person replies within 24 hours, usually much sooner. On weekends, back on Monday morning.

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