A trustee’s preconstruction purchase requires more than a properly executed signature. Organize authority, remote execution, financing questions, condominium disclosures, and payment safeguards before committing trust capital.
For a trustee purchasing a South Florida residence before completion, the most important preparation precedes the signature page. A beautifully presented contract and a convenient remote signing session do not establish the signer’s authority to commit the trust. Notarial execution and trustee authority are separate questions.
That distinction belongs at the center of the transaction file. Whether the search concerns Brickell and The Residences at 1428 Brickell or another residential opportunity, the discipline is the same: establish who may act, what obligations the trust may assume, and how the purchase will be funded before signing.
A useful file separates authority documents, execution arrangements, financing correspondence, condominium disclosures, and payment verification. This is a practical organizational framework, not a universal list of legal requirements. Counsel should determine what the specific agreement and proposed ownership structure require.
Review the trust instrument and applicable trust law for authority to purchase property, enter contracts, borrow, mortgage assets, and delegate responsibilities. These powers are not interchangeable. A planned financed acquisition requires examination of borrowing and mortgage authority as well as purchase authority.
Where there are co-trustees, confirm the governing decision-making and delegation provisions. Do not assume one trustee may sign independently simply because that person manages the family’s real-estate correspondence. Have counsel resolve the signing arrangement before the agreement is circulated for execution.
Florida law permits a certification of trust to establish specified information without providing the entire trust instrument. Relevant information includes the acting trustee, trustee powers, co-trustee signing authority, and manner of taking title. A recipient may also request excerpts establishing appointment and authority for the proposed transaction.
Keep the certification and any relevant excerpts together. Ask counsel to reconcile the buyer designation and signature block with the intended manner of taking title so inconsistencies do not carry into later documents.
Florida permits remote online notarization by notaries who complete the required registration and training process. A principal may participate from outside Florida, subject to statutory consent, identification, and other applicable requirements. Physical distance need not rule out remote execution, but it does not eliminate the need to review execution requirements.
First, identify which documents require notarization and whether the proposed method is suitable for each. Do not assume every purchase-contract signature requires a notarial act, or that one remote session resolves every document in the transaction.
Online notaries must verify identity and maintain the required electronic journal and audio-video records. Their electronic signature, seal, and journal are subject to safeguards against unauthorized use. Remote witnessing of electronic records is also permitted when applicable audio-video and identity-verification requirements are satisfied; a principal cannot witness their own signature.
The notary’s fee is capped at $25 per online notarial act, although a service provider may charge separately. Request a complete estimate and coordinate the participants before scheduling. Convenience is valuable only when the planned execution fits the documents involved.
For an overseas signing arrangement, treat apostilles and powers of attorney as transaction-specific questions for counsel and the intended document recipient. Do not assume an apostille is always necessary or that remote notarization resolves every authentication question.
Ask which documents, if any, need additional authentication and what form the recipient will accept. Document the answer before arranging execution abroad. Do not build a signing timetable around an unconfirmed assumption.
If another person is proposed to sign under a power of attorney, have counsel assess the proposed delegation, the trustee’s authority to delegate, the instrument’s scope, and the applicable execution requirements. Ask the relevant recipients to confirm acceptance of the arrangement. A power of attorney is not an automatic substitute for establishing trustee authority.
If financing is contemplated, maintain a distinct financing section rather than treating notarized documents as evidence of lender approval. Ask the proposed lender what it needs to review the trust, intended borrower, signing parties, and proposed execution method. Obtain written clarification of unresolved conditions before relying on the financing plan.
For a buyer evaluating Sunny Isles Beach and Bentley Residences Sunny Isles, this is transaction planning, not a statement about that project’s lending arrangements. Confirm requirements with the actual lender rather than inferring them from another purchase.
Keep borrowing and mortgage authority alongside financing correspondence. If ownership or signing arrangements change, return those questions to counsel and the lender rather than assuming earlier discussions cover the revised structure.
For condominium purchases before construction is complete, the 2025 Florida statutory provisions distinguish the initial 10% of the sale price from payments exceeding that amount. Payments above the threshold generally must be held in a special escrow account, but statutory exceptions mean escrow does not necessarily prohibit all developer use before closing.
That distinction deserves attention when considering Miami Beach and The Perigon Miami Beach, without assuming any particular project’s deposit terms. Have counsel examine the actual agreement, deposit schedule, escrow provisions, and applicable exceptions.
These condominium rules should not be generalized to every new-construction purchase. Because the statutory provisions discussed here are from the 2025 editions, counsel should confirm the law applicable to the transaction date. The financial file should explain how each scheduled payment will be treated, not merely describe the funds as escrowed.
For covered developer condominium sales, the 2025 statutory provisions allow the proposed buyer to terminate by written notice delivered to the developer within 15 days after receiving all required disclosure documents. Preserve the agreement, disclosures, exhibits, and delivery records so counsel can assess the applicable deadline and notice requirements.
A sales conversation or an isolated email date is no substitute for that review. Keep a clear record of what was delivered and when, and ask counsel to identify the operative dates under the applicable law.
Florida’s trust code requires reasonable steps to control and protect trust property. Independently verifying escrow instructions and payment recipients before transferring trust funds is a practical safeguard consistent with that duty, not a specific statutory callback requirement. As a precaution, use contact details established independently of the payment message and resolve discrepancies before releasing funds.
The final review should connect authority, execution, financing, disclosures, and payment handling. Each unresolved question deserves an identified decision-maker and a documented answer. A polished signing package is not the same as a transaction ready for commitment.
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Begin a quiet conversationNo. Notarial execution and trustee authority are separate issues; authority must be established under the trust instrument and applicable trust law.
Review authority to purchase property, enter contracts, borrow, mortgage assets, and delegate responsibilities. For co-trustees, also confirm decision-making and signing provisions.
Florida law permits a certification to establish specified trust information instead of supplying the entire instrument. A recipient may request excerpts establishing the trustee’s appointment and transaction authority.
A principal may participate from outside Florida, subject to statutory consent, identification, and other applicable requirements. Confirm the proposed execution arrangement for each document.
Online notaries must maintain the required electronic journal and audio-video records and verify identity. Their electronic signature, seal, and journal are subject to statutory safeguards.
The notary’s fee is capped at $25 per online notarial act. A remote notarization service provider may charge separate fees.
No blanket assumption should guide the transaction. Ask counsel and the intended recipients to assess authentication, delegation, execution, and acceptance for the proposed documents.
No. Ask the actual lender to confirm its review needs and unresolved conditions for the trust, signing parties, and proposed execution method.
No. The 2025 provisions generally require payments above that threshold to be held in special escrow, but statutory exceptions may permit developer use; confirm the applicable law and contract.
Preserve disclosure delivery records so counsel can assess the applicable termination period, including the 2025 rule allowing 15 days after receipt of all required documents for covered sales. Independently verify escrow instructions and recipients before transferring funds.
