
How to sell a luxury home in Miami, step by step, with the Miami-Dade rules behind the closing: deed tax, title insurance, tax proration, disclosures, estoppels, capital gains and private listings. From The Audrey Ross Team at Compass Florida.
The Short Answer
Selling a luxury home in Miami runs in seven stages: price from recorded sales, build the document file, choose public or private marketing, negotiate the listing, sign the contract, clear the buyer’s diligence, and close. In Miami-Dade the seller customarily pays documentary stamp tax on the deed at 60 cents per $100, with no 45-cent surtax on a single-family residence (Florida Department of Revenue, October 2026), while the buyer commonly pays the owner’s title policy.
A Miami luxury sale is decided long before the first showing. The price has to hold up against a short list of recorded sales, the disclosures have to be complete on the day the contract is signed, and the closing statement carries Miami-Dade charges that a seller arriving from another state has never seen. Each of those has a rule behind it, and most of the rules are local.
We are The Audrey Ross Team at Compass Florida, and our office sits at 4699 Ponce de Leon Boulevard in Coral Gables. Audrey Ross opened her own firm in 1984, and the team has worked this market for more than 40 years. This guide walks through the sale in order, then explains the Miami-Dade and Florida costs, disclosures and taxes, each with its source.
What Are the Steps to Sell a Luxury Home in Miami?
There are seven, and the order matters because several Florida obligations attach on the day the contract is signed, not on the day of closing.
- Price the home from recorded sales in the same enclave, waterway or building.
- Build the seller file: survey, existing title policy, elevation certificate, permit history, association documents, insurance and flood history, and the Florida flood disclosure.
- Choose how the home reaches buyers: the MLS at once, a delayed marketing listing, or an office exclusive.
- Negotiate the listing agreement, including compensation, which is negotiable.
- Sign the contract. The Florida Realtors and Florida Bar “AS IS” Residential Contract for Sale and Purchase, revised December 2024, gives the buyer a 15-day inspection period if the blank is left empty.
- Clear the buyer’s inspections, title commitment, appraisal and any association approval.
- Close. The closing agent collects documentary stamp tax, prorates property taxes, withholds FIRPTA tax if it applies, and wires the net proceeds.
How Do You Price a Luxury Home When So Few Homes Sell?
Price from recorded sales of homes that compete with yours, in the same enclave, on the same kind of water, or in the same building, then adjust for lot, frontage, condition and age. A city or county median blends products that never compete for the same buyer.
The thin market is the reason. A small enclave may record only a few arm’s length sales in a year, and one sale can move any average. The Miami-Dade Property Appraiser’s Property Search lets anyone search by subdivision name and view the sales information for each folio, and its Comparable Sales application lists nearby sales with a qualification description for each. Asking prices show what owners hope for; recorded sales show what buyers paid.
On the water, value turns on physical facts: depth at the dock, any fixed bridge between the dock and Biscayne Bay, frontage, seawall condition and elevation against the flood map. Our guide to Miami’s guard-gated waterfront communities explains how those differ by enclave. For a specific address, you can request a valuation on our What’s My Home Worth page.
The Takeaway on Price
In a market with few sales, the first price does the most work. Set it from recorded, comparable sales and the physical facts buyers will verify, because every reduction is visible to the agents who follow the listing.
What Should a Seller Prepare Before Listing?
Prepare the documents a buyer’s attorney, lender and insurer will ask for. Under the AS IS contract, the seller must furnish any existing survey and owner’s title policy within 5 days after the effective date, so having them ready saves days.
- Survey and elevation certificate. For certain flood-zone conditions, the contract gives the buyer 20 days to cancel if the blank is left empty.
- Permit history. The seller states that it knows of no improvements made without permits or under permits never closed, unless disclosed in writing.
- Association documents and the association’s estoppel contact.
- Insurance declarations and the flood history the statutory disclosure asks about.
- For waterfront homes, dock, lift and seawall permits.
The AS IS form also requires the seller to keep the property, including lawn, shrubbery and pool, in its condition as of the effective date, or 125 percent of the estimated cost is escrowed at closing. And beginning February 1, 2027, under section 689.261, Florida Statutes, as amended in 2026, printed listing materials may not show the current owner’s property taxes.
When Should You List a Miami Home for Sale?
Timing turns on three calendar facts more than on a season: Florida’s January 1 homestead date, the June 1 to November 30 Atlantic hurricane season, and the November property tax bill.
A buyer qualifies for the homestead exemption for a tax year only by holding title and making the home a permanent residence on January 1 (section 196.031, Florida Statutes), so a buyer who will live in the home has a reason to close by December 31. The National Hurricane Center dates hurricane season from June 1 to November 30, and the AS IS contract extends closing when a force majeure event makes hazard, wind, flood or homeowners’ insurance unavailable, so a storm can move a closing date. The November tax bill changes the proration, explained below.
The seller’s own dates often decide more. The federal home-sale exclusion turns on 24 months of ownership and residence in the 5 years before the sale, and portability to a new Florida homestead runs on a three-year clock.
Can You Sell a Home Privately or Off-MLS in Miami?
Yes, within the National Association of REALTORS MLS policies. A seller can keep a listing out of the MLS as an office exclusive, or delay its public marketing, but under the Clear Cooperation Policy, once a home is marketed to the public the listing broker must submit it to the MLS within one business day.
NAR’s Clear Cooperation Policy, adopted in November 2019, defines public marketing broadly: yard signs, window flyers, public websites, email blasts and multi-brokerage listing sharing networks. Its Multiple Listing Options for Sellers policy, effective March 25, 2025, with MLS implementation by September 30, 2025, recognizes two exempt listings:
- An office exclusive is filed with the MLS but not shared with other MLS participants and not publicly marketed.
- A delayed marketing exempt listing is filed with the MLS and visible to MLS participants, while public marketing through IDX and syndication waits for a period each local MLS sets.
Either requires a signed seller disclosure acknowledging the exposure being waived or delayed. NAR also states that one-to-one, broker-to-broker conversations do not trigger the policy, while multi-brokerage communications do.
Compass Private Exclusives
Compass, our brokerage, offers Compass Private Exclusives: listings available to agents across Compass’s network of brokerages and their buyers before any public launch, with photos and floor plans shared only within that network and no public days on market. Compass presents it as the first of three phases, followed by Compass Coming Soon and then public websites, and publishes a disclosure form describing each option. The seller disclosure records what the seller gives up, broad and immediate exposure through the MLS; Compass presents the return as privacy, an early test of price, and exposure before the home is market-ready.
How Does Commission Work After the NAR Settlement?
Commission is negotiable and set in the listing agreement. Since August 17, 2024, offers of compensation to buyer brokers cannot be placed on the MLS, and any payment to a buyer’s broker must be disclosed to the seller in writing and approved in advance, with the amount or rate stated (NAR, Home Sellers: What the NAR Settlement Means for You).
A seller may still offer buyer-broker compensation off the MLS, and may advertise buyer concessions, such as a credit toward closing costs, on the MLS. Buyers now sign a written agreement with their agent before touring a home (NAR Settlement FAQs). For a seller, compensation is a pricing and marketing choice to make at listing, not at the offer.
What Are Seller Closing Costs in Miami-Dade?
Under the AS IS contract, the seller pays documentary stamp tax and any surtax on the deed, association estoppel fees, costs to cure title, the seller’s attorney, and FIRPTA withholding and reporting charges. Under the Miami-Dade regional title option, the seller also pays the title search, tax search and municipal lien search, a search for unrecorded government liens. Commission is whatever the listing agreement says, and property taxes appear as a proration credit.
Documentary Stamp Tax on the Deed
Documentary stamp tax is Florida’s excise tax on the deed. Under section 201.02, as the Florida Department of Revenue states, the rate is 70 cents per $100 of consideration in every county except Miami-Dade, where it is 60 cents. Miami-Dade adds a 45-cent surtax under section 201.031, Florida Statutes, which does not apply when the deed conveys only a single-family residence. The tax is paid when the deed is recorded, and all parties are liable for it whichever agrees to pay.
| Hypothetical sale | Rate per $100 | Deed tax |
|---|---|---|
| $5,000,000 home, Miami-Dade | 60 cents | $30,000 |
| $10,000,000 home, Miami-Dade | 60 cents | $60,000 |
| $5,000,000 vacant lot, Miami-Dade | 60 cents plus 45 cents | $52,500 |
| $5,000,000 home, other Florida county | 70 cents | $35,000 |
Source: Florida Department of Revenue, Florida Documentary Stamp Tax, and sections 201.02 and 201.031, Florida Statutes (2026), rates as of October 2026. Hypothetical round-number sales; a home here means a deed conveying only a single-family residence, including a condominium unit.
Who Pays for Title Insurance in Miami-Dade?
In Miami-Dade the buyer customarily pays for the owner’s title insurance policy and chooses the closing agent. That arrangement is the contract’s paragraph 9(c)(iii), labeled the Miami-Dade/Broward Regional Provision. It is custom, not law: the box checked on the contract controls.
Under the regional provision, the buyer pays the owner’s and any lender’s policy premiums, and the seller pays the title search or continuation, capped at $200 if the blank is left empty, plus the tax and municipal lien searches. Under option (i), the seller designates the closing agent and pays the owner’s policy. Each party pays its own closing services fees.
| Item | Who pays under the regional option | Contract reference |
|---|---|---|
| Deed stamp tax and surtax | Seller | 9(a) |
| Owner’s policy premium | Buyer | 9(c)(iii) |
| Title, tax and lien searches | Seller | 9(a), 9(c)(iii) |
| Association estoppel fees | Seller | 9(a) |
| Association transfer fees | Buyer | 9(b) |
| Survey, lender’s policy, mortgage taxes | Buyer | 9(b) |
Source: Florida Realtors and The Florida Bar, “AS IS” Residential Contract for Sale and Purchase, ASIS-7, revised December 2024. Allocations are the form’s defaults and can be negotiated.
The premium does not vary by agent. Florida sets owner’s policy rates by rule (Florida Administrative Code Rule 69O-186.003): $5.75 per $1,000 up to $100,000, $5.00 to $1 million, $2.50 to $5 million, $2.25 to $10 million and $2.00 above. On a hypothetical $5,000,000 sale, the premium is $15,075, which is the value of the concession when a seller offers to pay it.
How Are Property Taxes Prorated at a Miami Closing?
Florida property taxes are paid in arrears. Taxes assessed for January 1 through December 31 become payable on November 1 of that year (Miami-Dade Tax Collector; section 197.333, Florida Statutes). A seller who closes before that year’s bill is paid credits the buyer for the days the seller owned the home.
The AS IS contract prorates through the day before closing, using the current year’s tax if known, otherwise the current assessment at the prior year’s millage, otherwise the prior year’s tax, and either party can ask to readjust when the bill arrives. The proration allows for the maximum early-payment discount, which Florida sets at 4 percent in November, then 3, 2 and 1 percent through February (section 197.162).
Hypothetical: the prior year’s bill was $100,000, or $96,000 after the 4 percent discount, and the home closes July 1, 2027. The seller owned it for 181 days that year, so the seller credits the buyer about $47,605, and the buyer pays the full bill in November.
What Must a Seller Disclose When Selling a Home in Florida?
A Florida seller must disclose known facts that materially affect the home’s value, are not readily observable and are not known to the buyer, and must give the statutory flood disclosure at or before the contract is signed.
In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court held that “where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” The Florida Senate’s 2025 staff analysis notes the duty applies even when the buyer agrees to buy residential property as is.
The Statutory Flood Disclosure
Section 689.302, Florida Statutes, created effective October 1, 2024 and expanded effective October 1, 2025, requires the seller of residential property to complete a flood disclosure at or before the contract is executed. The form states that homeowners’ policies do not cover flood, then asks whether the seller:
- knows of flooding that damaged the property during the seller’s ownership;
- has filed a flood damage claim with an insurer, including the National Flood Insurance Program;
- has received assistance for flood damage, including from FEMA.
Flooding means inundation from overflowing inland or tidal waters, rapid runoff from an established water source, or sustained standing water from rainfall.
Other Required Disclosures
The buyer must also receive the property tax disclosure summary (section 689.261), the homeowners’ association disclosure summary where membership is mandatory (section 720.401), and, for property seaward of the coastal construction control line, the coastal disclosure and a survey or affidavit unless waived (section 161.57). The contract also offers a Miami-Dade County Special Taxing District rider. Condominium sellers have a separate document package, covered in our guide to buying a Miami condo after Surfside.
The Trap to Avoid
Treating the AS IS contract as a waiver of disclosure. The form limits what the seller must repair, not what the seller must disclose. Complete the flood disclosure and a written disclosure of known latent defects before the buyer signs, keep a dated copy, and disclose open or missing permits in writing.
What Is an Estoppel Certificate, and What Does It Cost?
An estoppel certificate is the association’s written statement of what is owed on a home: assessments, transfer fees and open violations. The seller customarily pays for it under the AS IS contract, and Florida caps the fee.
Under section 720.30851 for homeowners’ associations and section 718.116(8) for condominiums, the association must issue it within 10 business days of a request or charge no fee. It is good for 30 days if delivered by hand or electronically, 35 by mail. The homeowners’ association form asks whether the board must approve the transfer and whether a right of first refusal applies, both live questions in gated communities.
| Fee | Amount in the statute | Current DBPR amount |
|---|---|---|
| Preparation and delivery | Up to $250 | Up to $299 |
| Expedited, within 3 business days | Additional $100 | Additional $119 |
| Account delinquent | Additional up to $150 | Additional up to $179 |
Source: sections 720.30851(6) and 718.116(8), Florida Statutes (2026); Florida Department of Business and Professional Regulation, Estoppel Certificate Fees, inflation-adjusted amounts in force until the next update due by July 1, 2027.
What Taxes Do You Pay When You Sell a Miami Home?
Federal tax only. Florida does not impose a personal income tax, so a Florida resident’s gain on a home sale is a federal question. A main home can qualify for the Section 121 exclusion of up to $250,000 of gain, or $500,000 for a married couple filing jointly (IRS Publication 523, for 2025 returns).
Publication 523 requires ownership and use as a residence for at least 24 months of the 5 years before the sale, and the exclusion may be taken only once in a 2-year period. Gain is the sale price minus selling expenses such as commissions and legal fees, minus the adjusted basis. Gain above the exclusion is taxed federally at 0, 15 or 20 percent depending on taxable income (IRS Topic 409, 2025), and the 3.8 percent net investment income tax can apply above income thresholds, though not to excluded gain (IRS Topic 559).
Hypothetical: a married couple filing jointly with an adjusted basis of $2,000,000 sells for an amount realized of $5,000,000. The gain is $3,000,000; if they qualify, $500,000 is excluded and $2,500,000 remains reportable. The tax itself depends on their whole return.
When the seller is a foreign person, the buyer generally must withhold 15 percent of the amount realized at closing under FIRPTA (IRS, FIRPTA Withholding), and the AS IS contract assigns the withholding charges to the seller. Our guide for foreign buyers in Miami covers how the rule applies when a foreign owner sells.
Can You Keep Your Save Our Homes Savings If You Buy Again in Florida?
Yes, through portability. The Miami-Dade Property Appraiser explains that a homeowner can transfer the difference between assessed and market value on the old homestead, up to $500,000, to a new Florida homestead established within three assessment years after abandoning the old one, with Form DR-501T filed by March 1.
The Property Appraiser’s example: a homestead abandoned in March 2024 requires the new homestead by January 1, 2027. Under Article VII, Section 4 of the Florida Constitution, a move to a home with a lower just value transfers a proportional share. The benefit carried is the Save Our Homes cap, which limits annual growth in assessed value to 3 percent or the change in the Consumer Price Index, whichever is lower. Our relocation and tax guide covers homestead filing.
Amendment 3 (HJR 1F), which the Legislature placed on the November 3, 2026 general election ballot, proposed raising the homestead exemption for non-school taxes to $150,000 in 2027 and $250,000 in 2028, with people who were not Florida residents on December 31, 2026 receiving the current exemption until their fifth year of exemption, and lowering the non-homestead assessment cap from 10 to 5 percent from January 1, 2027 (ballot summary). It needed at least 60 percent of the vote; check the certified result with the Florida Division of Elections before relying on either figure.
The Takeaway on Selling and Buying Again
A seller moving within Florida should run two clocks together: the three-year portability window and the March 1 filing date for the new home. Ask the Property Appraiser for the old homestead’s assessment difference before choosing the next home.
Frequently Asked Questions About Selling a Luxury Home in Miami
How do I sell a luxury home in Miami?
Selling a luxury home in Miami runs in seven stages: price from recorded sales in the same enclave or building, assemble the seller file, choose MLS or private marketing, negotiate the listing agreement, sign the contract, clear the buyer’s inspections and title, and close. The Florida Realtors and Florida Bar AS IS contract, revised December 2024, gives the buyer a 15-day inspection period if left blank. The Florida flood disclosure under section 689.302 is due at or before the contract signing.
What are seller closing costs in Miami-Dade County?
Under the Florida Realtors and Florida Bar AS IS contract, a Miami-Dade seller pays documentary stamp tax on the deed, association estoppel fees, costs to cure title, the seller’s attorney and any FIRPTA withholding charges. Under the contract’s Miami-Dade regional title option, the seller also pays the title search, tax search and municipal lien search. Commission is negotiated in the listing agreement, and property taxes appear as a proration credit to the buyer because Florida bills them in arrears each November.
Who pays for title insurance in Miami-Dade?
In Miami-Dade the buyer customarily pays for the owner’s title insurance policy and chooses the closing agent, the arrangement in the Miami-Dade/Broward Regional Provision, paragraph 9(c)(iii) of the Florida Realtors and Florida Bar AS IS contract. The seller pays the title search, capped at $200 if left blank, plus the tax and municipal lien searches. This is custom, not law. The premium is set by Florida rule 69O-186.003; on a hypothetical $5,000,000 sale it is $15,075.
How much is the documentary stamp tax when you sell a house in Miami?
In Miami-Dade County, documentary stamp tax on a deed is 60 cents per $100 of the price, according to the Florida Department of Revenue as of October 2026, compared with 70 cents in every other Florida county. A 45-cent Miami-Dade surtax applies to other property but not to a deed conveying only a single-family residence, which under section 201.031 includes a condominium unit. On a hypothetical $5,000,000 home sale, the tax is $30,000. The AS IS contract assigns it to the seller.
What is the best time to sell a house in Miami?
Three calendar facts matter more than any season in Miami. A buyer must own and occupy the home on January 1 to claim that year’s Florida homestead exemption, so buyers who will live in the home often want to close by December 31. The Atlantic hurricane season runs June 1 to November 30, per the National Hurricane Center, and a storm can extend a closing under the AS IS contract. Property tax bills arrive each November, which changes the proration.
Can I sell my Miami home privately without listing it on the MLS?
Yes. Under NAR’s Multiple Listing Options for Sellers policy, effective March 25, 2025, a Miami seller can choose an office exclusive, filed with the MLS but not shared or publicly marketed, or a delayed marketing listing, visible to MLS agents while public marketing waits. Both require a signed seller disclosure. Under the Clear Cooperation Policy, once the home is marketed to the public it must go into the MLS within one business day. Compass Private Exclusives is Compass’s private marketing program.
Do I have to disclose flooding when I sell a house in Florida?
Yes. Section 689.302, Florida Statutes, as amended effective October 1, 2025, requires a Florida seller of residential property to complete a flood disclosure at or before the contract is signed. It asks whether the seller knows of flooding that damaged the property during the seller’s ownership, has filed a flood claim with an insurer or the National Flood Insurance Program, or has received flood damage assistance, including from FEMA. The Johnson v. Davis duty to disclose known latent defects also applies.
Do I pay capital gains tax when I sell my Miami home?
Possibly, but only federal tax, because the Florida Department of Revenue states that Florida does not impose a personal income tax. IRS Publication 523 lets a seller exclude up to $250,000 of gain on a main home, or $500,000 for a married couple filing jointly, after 24 months of ownership and residence in the prior 5 years. Gain above the exclusion is taxed at 0, 15 or 20 percent under IRS Topic 409 for 2025, and the 3.8 percent net investment income tax can apply.
Can I transfer my homestead savings if I sell and buy another home in Florida?
Yes. Florida portability lets a homeowner move up to $500,000 of Save Our Homes assessment difference to a new Florida homestead, according to the Miami-Dade Property Appraiser. The new homestead must be established within three assessment years after the old one is abandoned, and the Form DR-501T application is due March 1. A move to a home with a lower just value transfers a proportional share under Article VII, Section 4 of the Florida Constitution.
Planning to Sell a Miami Luxury Home?
Bring us the address and your timeline, and we will walk through the pricing evidence, marketing options and Miami-Dade closing costs for your property. Audrey Ross opened her own firm in Miami in 1984, and The Audrey Ross Team at Compass Florida has closed $2.4 billion in lifetime sales with ten Luxury Real Estate Advisors working from 4699 Ponce de Leon Boulevard in Coral Gables.
Contact The Audrey Ross TeamContinue Exploring Miami Luxury Real Estate
- Selling a Home in Miami: The Seller’s Step-by-Step Guide
- Miami Guard-Gated Waterfront Communities: The Insider Guide
- Gables Estates: Guard-Gated Waterfront Community Guide
- Snapper Creek Lakes Real Estate Guide: Guard-Gated Living
- Old Cutler Bay: Guard-Gated Waterfront Community Guide
- Buying Miami Real Estate as a Foreign Buyer: The Complete Guide
- Buying a Miami Condo After Surfside: Milestone Inspections and SIRS Explained
Sources
- Florida Department of Revenue, Florida Documentary Stamp Tax, October 2026.
- Florida Statutes section 201.031, Discretionary surtax, with section 201.02, 2026.
- Florida Realtors and The Florida Bar, AS IS Residential Contract, ASIS-7, December 2024.
- Florida Administrative Code Rule 69O-186.003, Title Insurance Rates, effective 2002.
- NAR, Home Sellers: What the NAR Settlement Means for You, effective August 17, 2024.
- NAR, Settlement FAQs, October 2026.
- NAR, MLS Clear Cooperation Policy, November 2019.
- NAR, Multiple Listing Options for Sellers, March 25, 2025.
- Compass, Compass Private Exclusives, October 2026.
- Miami-Dade Tax Collector, 2024 Tax Roll Open for Collection, 2024 roll.
- Florida Statutes sections 197.333 and 197.162, tax due dates and discounts, 2026.
- Florida Statutes section 689.302, flood disclosure, as amended effective October 1, 2025.
- Florida Senate, Bill Analysis for CS/CS/SB 948, 2025, on Johnson v. Davis (1985).
- Florida Statutes section 720.30851 and 718.116, estoppel certificates, 2026.
- Florida DBPR, Estoppel Certificate Fees, current to July 1, 2027.
- IRS, Publication 523, Selling Your Home, 2025 returns.
- IRS, FIRPTA Withholding, October 2026.
- Miami-Dade Property Appraiser, Portability, October 2026.
- Florida Department of State, Amendment 3, 2026 ballot.
- Florida Statutes section 196.031, homestead, 2026.
- Florida Statutes section 689.261, 720.401 and 161.57, disclosures, 2026.
- Florida Department of Revenue, personal income tax FAQ, October 2026.
- IRS, Topic 409 and Topic 559, 2025 tax year.
- Florida Constitution, Articles VII and XI, October 2026.
- Miami-Dade Property Appraiser, Property Search and Comparable Sales, October 2026.
- NOAA National Hurricane Center, Climatology, 1991 to 2020.
Facts on this page were checked against the sources above in October 2026. This guide is general information, not legal, tax or financial advice. Confirm the details for your own situation with a Florida real estate attorney, a tax advisor, or your title agent.
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