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Florida Condominium Escrow Deposit Surety Bonds

WTW provides fast, competitive bonding solutions tailored to meet the specific needs for each individual project’s financing strategy.

Surety credit facilities provide developers with the option to lower their cost of capital by allowing access to buyer’s first 10% deposits on residential condominium projects. When compared to other sources of capital, the cost of the Florida Escrow Deposit Bond is significantly less. WTW provides fast, competitive bonding solutions tailored to meet the specific needs for each individual project’s financing strategy. Our Escrow Surety Team leverages long-standing relationships to place bonds providing low-cost construction capital. WTW has syndicated and placed bonds for many of the largest developers in the United States, supporting bond syndications ranging from $5 million to $500 million in support of escrow deposits.

Florida Statute 718.202 – Sales or reservation deposits prior to closing - allows for the initial 10 percent deposits for a residential condominium to be released by securing these deposits with a surety bond in an equivalent amount.

WTW can also assist with bonding the deposits from out-of-state buyers (i.e. NY, NJ, etc.) allowing even more access to lower costs of capital.

Underwriting considerations

Every project is different; the following underwriting items will determine pricing, program capacity, and timing of bond issuance:

  • Sales
  • Construction Loan Status
  • Sources & Uses
  • Equity Contribution
  • Loan to Value
  • Cost of Work
  • Scope of Work
  • General Contractor
  • Developer Experience

What does WTW do?

Our Escrow Deposit Surety Bond practice provides developers an opportunity to pursue efficient cost savings and capital allocation. Our practice group will work to obtain the most favorable terms and conditions available in the market to allow increased liquidity and less dependency on traditional project-secured financing. These programs are heavily dependent on a few items that are integral to the surety program and allow for continued improvement and growth. WTW specializes in the following considerations when consulting with our clients:

  1. 01

    Indemnity negotiation

    • Surety bonds are backed by an indemnity agreement that is typically one to two pages and outlines the terms of the agreement. This document is the only recourse for the surety company should an issue arise related to the bonded obligation. Bond providers typically like to be pari-passu with the project lender, which can become complex due to the different forms of guarantees and project specific SPEs. Our group specializes in complex indemnity negotiations.


  2. 02

    Bond amount and monitoring

    • Bond amounts are typically based on the statute of the state in which the project is being developed. Florida requires a surety bond be posted for buyer deposits up to 10% of the associated purchase price, whereas other states (including Nevada) require 100% of the deposits to be used for construction be bonded. Our team ensures we are familiar with state legislation to ensure our developer clients optimize project capitalization in compliance with state statutes.
    • Monitoring is important for bond providers as they are extending unsecured credit. Similar to the project lender, the bond providers want updated project underwriting items as they become available.


  3. 03

    Maximizing surety credit

    • Our team has direct access and significant experience working with all the major surety companies that support Florida Escrow Deposit Surety Bonds, and we actively monitor new entrants to ensure a long list of carrier options. We leverage our expertise to build lasting relationships with our carrier partners with a goal of supporting bonds for current and future developments. Additionally, Willis has in-house capacity to help support syndication efforts and differentiate us from competing brokers. This allows us to expedite and achieve the most efficient and competitive terms for our clients.


Our Escrow Deposit practice continues to invest in leadership and resources to ensure we meet our clients’ needs. Timely discussions on project finance will allow WTW to create an alternative credit facility to enhance your projected cost of capital.

Disclaimer

WTW hopes you found the general information provided here informative and helpful. The information contained herein is not intended to constitute legal or other professional advice and should not be relied upon in lieu of consultation with your own legal advisors. In the event you would like more information regarding your insurance coverage, please do not hesitate to reach out to us. In North America, WTW offers insurance products through licensed entities, including Willis Towers Watson Northeast, Inc. (in the United States) and Willis Canada Inc. (in Canada).

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