SELL A MIAMI CONDO ยท EDGEWATER

Selling an Edgewater Condo from Out of State

This is the Edgewater-specific guide. The full step-by-step remote process is in the US Out-of-State Owner's Playbook ->

Edgewater is Miami’s newest condo corridor — a run of bayfront towers like Missoni Baia, Elysee, Paraiso Bay, Gran Paraiso, and Biscayne Beach, most of them delivered between 2016 and 2019. A lot of these units were bought as investments and are rented, which shapes how a sale runs when the owner lives in New York, Chicago, or abroad. The good news is the same as anywhere: the sale needs your signature, not your presence.

Two things make Edgewater different from the older Miami submarkets. First, the buildings are too new for most Milestone inspections — but the reserve rules still raised your dues, and the reason matters when a buyer asks. Second, if your unit is rented, the lease, the tenant, and the security deposit all become part of the transaction. This guide covers both in Edgewater terms and links to the deep dive on each piece.

Quick answer:

Yes, you can sell an Edgewater condo entirely from out of state, and you can sell it with a tenant in place. Showings run through the building and your agent, documents are signed electronically, and closing happens by Remote Online Notarization from your home state. As a US person you skip FIRPTA — you sign a non-foreign certification at closing — but the sale is still reported to the IRS on Form 1099-S, and your home state taxes the gain. If the unit is rented, the buyer takes title subject to the lease and the deposit transfers at closing, so the unit shows to investor buyers. Plan for 60 to 120 days, and if it is a rental, decide early whether to sell occupied or time the close to the lease.

Why Edgewater is different โ€” the newest stock

Edgewater sits on Biscayne Bay between Downtown and the Design District, and almost all of its condo inventory is new construction from the 2010s. That changes the building-file picture in two specific ways.

Milestone is probably years away — but SIRS is not. Florida's Milestone inspection lands at 30 years, or 25 within three miles of the coast. An Edgewater tower delivered in 2018 will not hit that for over a decade. What already applies is the Structural Integrity Reserve Study and the end of reserve-funding waivers, which require every condo association three stories and taller to fund major-component reserves now. That is why your dues went up even though the building is new and has no structural findings. When a buyer asks why a five-year-old building has rising fees, that is the answer — and it is a far easier conversation than an assessment on a 40-year-old tower.

New associations carry transition risk instead. The file issue in a young Edgewater building is usually developer turnover, not deferred maintenance: whether the developer funded reserves correctly at handover, whether the budget reflects real operating costs after the first full year, and whether any construction-defect items are still open. Pull the records before you list. A written request under Florida Statute 718.111(12) gets you the reserve study, the budget, and the board minutes within 10 working days; the HOA Document Decoder reads them back fast. For pricing and area context, see the Edgewater neighborhood overview.

Selling with a tenant in place

Edgewater has a deeper rental base than most Miami submarkets, so more sales here happen with a tenant in the unit. You can sell a tenant-occupied condo from another state — the buyer takes title subject to the existing lease, and the lease and security deposit transfer to them at closing. The tradeoff is the buyer pool: an occupied unit shows to investors, not to owner-occupants who want to move in.

Three things to handle before listing a rented Edgewater unit. Showings: Florida Statute 83.53 lets you show the unit to buyers and says the tenant cannot unreasonably withhold consent, but the practical notice window is whatever your lease specifies — usually 24 to 48 hours. Read the lease before you list; if it has no showing clause, you negotiate an addendum or wait out the term. The deposit: under Florida Statute 83.49(7) the security deposit transfers to the buyer at the sale and the title company handles it as a credit on the closing statement — it is the tenant's money, not part of your proceeds. Timing: with several months left on the lease you can sell now to an investor or time the close to the lease expiry to reopen the owner-occupant pool; with a month-to-month tenant, serve the required 30-day notice only once you are under contract, not before. The full mechanics are in the guide to selling a tenant-occupied Miami condo.

No FIRPTA for US owners โ€” but the IRS and your home state still find out

If you are a US citizen or resident alien, FIRPTA does not apply to you — it is a withholding regime for foreign persons, and you sign a non-foreign certification at closing instead, with nothing withheld. The closing agent still files Form 1099-S and your home state taxes the gain: the reporting chain is in the 1099-S and home-state tax guide, and the federal math — including the depreciation recapture that applies because the unit was rented — in the capital gains guide. Not a US person? Start with the FIRPTA guide for non-US sellers.

What you actually net โ€” and the 1031 option for a rental

Because so many Edgewater units are rentals, the carrying-cost math runs differently: rent offsets the hold while the unit is listed, but a vacancy between a move-out and a sale flips that to a drain. A Miami condo with roughly $1,400/month in HOA dues, $900/month in property tax, and $200/month in insurance carries about $2,500/month empty — near $30,000 a year. Keep a paying tenant through the listing if the lease allows showings, or model the vacancy if it does not.

If the unit is investment property, you have a tax lever owner-occupants do not: a 1031 exchange defers the gain into a replacement investment property on the standard 45-day identification and 180-day closing timeline. The catch is timing — you must engage a qualified intermediary before your sale closes, because once you take the proceeds the exchange is lost. The mechanics are in the 1031 exchange guide, and a CPA confirms whether your situation qualifies. One more piece: Florida resets a condo's assessed value to market the year after a non-homestead transfer, so your buyer's first tax bill is based on what they paid — the homestead loss and reassessment guide has the detail.

Closing from your home state โ€” RON, not a power of attorney

Florida closings run on Remote Online Notarization: a 30-to-60-minute video session in which a commissioned online notary verifies your identity and watches you sign electronically, from any state — no flight, and no power of attorney, which RON has replaced as the default. The mechanics (the ID you need, why the notary is often in Virginia, what happens if knowledge-based authentication fails) are in the RON guide for US out-of-state sellers.

How Thomas Druck PA runs Edgewater absentee sales

I have specialized in absentee sellers since 2006 — owners in other states and other countries selling Miami condos they cannot drive to. A large share of Edgewater work is tenant-occupied investment units, which adds a coordination layer most agents fumble: lease review, tenant showing logistics, deposit transfer, and the timing call on selling occupied versus waiting out the term. The process above is how every one of these listings runs: building file pulled before listing, tenant and access logistics set up once, decision parameters agreed in writing, and an RON closing scheduled around your calendar.

Scope discipline matters. I am a Florida real estate broker, not a CPA. The tax questions this page points at — your home-state return, Section 121, depreciation recapture, whether a 1031 fits — belong with your tax professional. What I put numbers on is the US-side real estate file: pricing against current building comps, selling costs, reserve and dues trajectory, and the remote and tenant logistics for your specific Edgewater unit. That is the Net + Risk Review at the bottom of this page.

Quick answers for Edgewater out-of-state sellers

Can I sell my Edgewater condo from out of state without flying to Miami?

Yes. Edgewater towers are staffed buildings, so the front desk handles access for the photographer, inspector, and appraiser while your listing agent supervises. Documents are signed electronically and closing uses Remote Online Notarization from your home state. Most out-of-state Edgewater sellers never set foot in Florida between listing and closing.

My Edgewater tower is new โ€” does it need a Milestone inspection yet?

Almost certainly not for years. Florida’s Milestone inspection lands at 30 years, or 25 within three miles of the coast many Edgewater towers were built in the 2010s. What does apply now is the Structural Integrity Reserve Study and the end of reserve-funding waivers, which require every condo building three stories and taller to fund major-component reserves. That is why dues have risen even in new buildings with no structural findings. Confirm your building’s reserve status before listing.

Can I sell my Edgewater condo with a tenant still living in it?

Yes. The buyer takes title subject to the existing lease, and the lease and security deposit transfer to them at closing under Florida Statute 83.49(7). Rent runs to you until closing. The tradeoff is that an occupied unit shows to investor buyers rather than owner-occupants, who generally cannot take possession with a tenant locked in mid-lease. Decide before listing whether to sell occupied or time the close to the lease expiry.

How much notice does my tenant get before showings in Florida?

Florida Statute 83.53 lets you show the unit to prospective buyers and says the tenant cannot unreasonably withhold consent, but it does not set a specific number of hours for showings. The practical notice window is whatever your lease specifies, which for most Florida residential leases is 24 to 48 hours. Read your lease before listing; if it has no showing clause, you negotiate an addendum with the tenant or wait out the term.

Will my home state tax the gain even though Florida has no income tax?

If your state has an income tax, almost certainly yes. Florida takes nothing, but your home state taxes residents on worldwide income, including the gain on an Edgewater unit, with no offsetting credit. Residents of no-income-tax states like Texas or Tennessee skip the state layer. Federal capital gains applies either way, and if the unit was rented, depreciation recapture is added at sale — coordinate with your CPA before listing.

Can I do a 1031 exchange instead of paying tax when I sell my Edgewater rental?

Often yes. Because a rented condo is investment property, the gain can be deferred into a replacement investment property through a 1031 exchange on the standard 45-day identification and 180-day closing timeline. The catch is timing: you must engage a qualified intermediary before your sale closes, because once you take the proceeds the exchange is lost. A CPA confirms whether your situation qualifies.

A free 30-minute Net + Risk Review covers the US-side real estate mechanics for your Edgewater unit — pricing against current building comps, selling costs, reserve and dues trajectory, and the tenant and remote logistics for your specific stack. I am a Florida real estate broker, not a CPA: home-state tax, Section 121, depreciation recapture, and whether a 1031 fits go to your tax professional, and the Review gives you the clean inputs to bring them.

Disclaimer: Thomas Druck PA is a licensed Florida real estate broker (FREC, BK3172203). Nothing on this page is tax, legal, or accounting advice. Capital gains, Section 121, depreciation recapture, FIRPTA, the 1031 timeline, and your home-state return belong with a US-licensed CPA, and legal questions with a Florida attorney.

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