Who does FIRPTA affect?

FIRPTA affects all non resident aliens and foreign companies not considered to be American corporations. From a taxation (tax return) standpoint, when a person who doesn’t live in the United States or when a foreign corporation sells a property in the United States, they shall be subject to FIRPTA provisions.

How does it affect buyers and sellers?

At the time of closing, buyers are required to withhold 10% of the sales price in transactions valued below $1,000,000 and 15% of the sales price in transactions valued above $1,000,000. For example, a foreign investor sells a property for $350,000 (USD). The closing agent of the transaction (the company or lawyer that processes the title deed) will retain $35,000 (USD) in a special escrow account, until the foreign investor presents their federal income tax return in January of the next calendar year following the closing of the sale.

What is the difference between “withholding tax” and “tax?”

Withholding tax is the mechanism whereby the IRS forces the foreign individual or company to submit their tax return to determine if a profit or a loss resulted from the transaction.

Once the tax return is submitted and the IRS determines the amount to be charged as tax, the difference between the withholding tax and the tax is returned to the seller.

Can this withholding be avoided?

It’s very important to properly plan this out to avoid negative surprises at closing.

Buying in your own name or through a company is one of the most important elements in the application of FIRPTA. However, the type of legal structure and the internal makeup could make a difference. On the other hand, FIRPTA is only one of the factors that should be taken into consideration, so it’s extremely important you know the advantages and disadvantages of the different purchasing structures (LLC, S Corp, Trust, Corporation, etc.).

How does it affect the buyer?

As a buyer, you should make sure the withholding tax is implemented in case the seller is a non resident alien or a foreign company not considered a U.S. corporation. If you don’t make sure it’s implemented, you may be responsible for paying the taxes.

On the other hand, as a buyer, it’s important to make sure you create the most effective purchasing structure to deal with this withholding tax for a future sale.

LEGAL NOTICE:

The provisions of FIRPTA are complicated and require the expertise of a real estate lawyer or public accountant. They can fill out the proper forms and evaluate the possible implications. The information provided herein should not be considered a source of legal or financial advice. Please contact a professional in your area to receive information and guidance that applies to your individual situation.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

1. Financial Protection Against Unexpected Events

• Covers damage from fire, storms, theft, vandalism, and more.
• Helps you avoid massive out-of-pocket expenses for repairs or replacements.

2. Coverage for the Physical Structure

• Protects the building itself—walls, roof, foundation, and attached structures like garages.
• Ensures you can rebuild or restore your property after a covered event.

3. Protection for Personal Belongings

• Includes coverage for valuables like furniture, electronics, and clothing.
• Offers reimbursement if items are stolen or damaged.

4. Liability Coverage

• Shields you from legal and medical costs if someone is injured on your property.
• Especially useful for landlords or homeowners who host guests.

5. Peace of Mind

• Knowing your property is protected lets you live or invest with confidence.
• Reduces stress about potential disasters or accidents.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

1. Find the answers to the following questions:

• The three main reasons you are moving.
• Realistically, the price you expect to set for the sale of the property.
• How much money you expect to receive from the sale of your home after all cost are deducted from the sale (e.g., commissions, closing costs, etc.).
• How much money you need to pay off the mortgage in full.
• Your exact budget for purchasing a new property.
• The time it will take you to carry out these activities.

A knowledgeable real estate agent should be able to help you find the answer to each of these questions.

2.Determine the realistic price of your home. A common mistake sellers make is estimating the value of the property based on their neighbors’ asking price, (i.e. a property that has not sold yet). The real estate consultant should supply comparable prices based on the properties that sold in the last three to six months.

3. Get your property in the best condition possible. Make sure to take the appropriate actions before putting your home on the market to increase the chances of selling the property quickly, and at the best price.

4. Financial decisions prior to selling your home:

• Contingency provision. If you intend to buy another house, and need the money from the sale of your current property to do so, include a contingency in the offer. In other words, specify in the contract that the purchase of the new house depends on the sale of your current property. If you can’t sell your home for any reason, you will not be obliged to buy the other property.
• Financing. Make sure that you are eligible for a loan if you’re going to buy another property.
• Pricing. Sell the house at a reasonable market value. Don’t waste time offering it at a higher price than the market would pay. You’ll only help your neighbor sell his property faster by doing so!

5. Hiring a real estate agent. If you’re going to sell your property with a real estate agent, be sure to have:

• A clear and precise agreement regarding compensation for their service.
• Defined marketing strategy.
• Structured list of responsibilities and duties (open houses, showing times, offer negotiation, marketing expenses, etc.).

6. Items to sell. Have a list of the articles you want to sell and a list of the items you do not want to sell. There are two reasons for making this list. First, the buyer can assume there are items included in the sale, such as curtains, lamps, or fixed furniture. To avoid complications that could delay the sale, specify what is excluded and what is not included in the sale. Second, the buyer may be willing to buy some items in your house, like paintings, lamps, curtains or furniture. You’ll make a more objective decision on what you want to keep and what the value of the goods are if you think about it beforehand. That way, you won’t make rash decisions because you’re pressured by the sale of the property.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

Errors in Determining the Sales Price

• Basing the sales price on the price of neighboring properties that HAVEN’T sold.
• Trying to recoup money spent on renovations.
• Basing the sales price on a personal financial need.
• Trying to sell without motivation or need, making it difficult to compete with owners who really need to sell.
• Starting with a high price to “test” the market with plans to lower the price in the future. 

Strategic Pricing: The Foundation of a Successful Sale

Setting the right price isn’t just about numbers—it’s about positioning. A well-priced property generates interest, drives traffic, and often leads to faster offers. Overpricing, on the other hand, can cause a listing to stagnate, lose visibility, and ultimately sell for less than it could have. Buyers today are informed and have access to market data; they can spot an overpriced listing instantly. That’s why working with a professional who understands local trends and buyer psychology is essential.

Common Pricing Mistakes That Sabotage Your Sale

Many sellers fall into traps that delay or derail the sale. One of the most frequent errors is basing the price on neighboring properties that haven’t sold—those listings are not benchmarks, they’re warnings. Another mistake is trying to recover the cost of renovations. While upgrades can add value, they rarely translate dollar-for-dollar into resale price. Pricing based on personal financial needs or emotional attachment to the home also clouds judgment and distances the property from market reality.

Motivation Matters More Than You Think

A motivated seller is a strategic seller. If you’re listing without a clear reason or urgency, you may struggle to compete with owners who are actively pursuing a sale. Buyers can sense hesitation, and it affects negotiations. On the flip side, sellers who are ready to move forward tend to be more flexible, responsive, and open to market feedback—traits that lead to smoother transactions and better outcomes.

 Avoid the “Test the Market” Trap

Starting with a high price to “see what happens” is one of the riskiest moves. It can alienate potential buyers, extend time on market, and create a negative perception of the property. By the time the price is reduced, the listing may have lost momentum. Instead, aim to launch with a price that reflects true market value—this creates urgency, attracts qualified buyers, and increases the chances of multiple offers.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

1. Set the Correct Rental Price

• Your main income for rental properties is the rent you collect. Therefore, make sure you estimate and establish a fair and attractive price so that you can rent the property right away.
• Take into consideration the comparable estimates that will give you the real rental value of your property.
• When comparing estimates, pay attention to the properties that have rented rather than those that are still available. If you don’t have access to this information in your market, I recommend seeking the advice of a real estate agent. It is KEY to price your rental property correctly right from the beginning. Trying to rent $100 above market value can make the property go months on end without being rented, which can generate major financial losses in the long run.

2. The Market for Rental Properties Is Not Directly Related to the Market for Properties for Sale

We commonly hear from clients that they want to raise the rent price because condominium expenses have risen, or because repairs have been made, or simply because the value of the properties has risen. However, what the tenants pay isn’t directly related to the owner’s expenses. Those prices are directly related to the supply and demand of the current market in the specific community, sub community, or building.

3. Consider Renewing Leases

While it’s true that there are several elements that must be taken into account when renewing a tenant’s lease, renewing is usually the best option from a financial standpoint. Renewing will help you avoid the following costs: greater fees than renewals.

• Property improvements, repairs, or maintenance to place the property back on the market (painting, cleaning, replacing carpets, etc.)
• The time to find a tenant, pre select them, negotiate a lease. This often translates into weeks or months with no revenue.
• Creating a new lease might have greater fees than renewals.

4. If You Have a Good Tenant, Keep Him!

One of the most delicate elements of rental properties is the property owner’s relationship with the tenant. If the tenant pays on time, keeps the property in good condition, doesn’t constantly complain about minor repairs and you don’t receive complaints from the neighbors or the condominium, then they are an excellent candidate for renewal and you should keep them happy.

It’s common for owners to insist on raising the rent. Why risk losing good tenants just to increase the rent a few dollars? Remember, before risking losing a good tenant, keep in mind that you never know how good your next tenant will be.

5. Evaluate the Tenant.

The following are some aspects to consider when evaluating whether an applicant will be a good tenant.

Proof of income. Request proof that demonstrates the applicant will be able to cover the rent. This includes things such as:

• Latest pay slips or income receipts (W2 or 1099)
• Latest tax returns
• Bank statements

Credit report. Request a credit report to see how they’ve paid their bills in the past. You can use the following matrix to help you make a decision:

• 579 and below (bad) the lowest 20% of the nation
• 580 to 669 (average) below the nation’s average
• 670 to 739 (good) nation’s average
• 740 to 799 (very good) top 40% of the nation
• 800 or more (excellent) highest 20% of the nation

It should be noted that, if the person is a foreigner and doesn’t have a social security number, they will not have a credit report. It’s also important to determine if the person has been evicted from other rental properties in the past, which can be determined by doing a background check.

Police report. Knowing the applicant doesn’t have a criminal background gives you peace of mind. Getting a police report is inexpensive and easy.

References from former property owners where the applicant has lived. It can be a letter. The person can also provide this information on the application, including the owner’s phone number, so you can call and ask for references. Although phone references give us important feedback, also remember that, if your property is in a condominium that also approves tenants before allowing them to move in, the person will also go through another filter, giving you double protection. However, this doesn’t mean you shouldn’t request the other information for your safety and the safety of your investment.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty

FINANCING

If you’re considering buying a home in South Florida, either as an investment, vacation home, or permanent residence, it’s important to consider the terms and conditions of getting a mortgage loan. Many financial institutions offer mortgage loans, from local and national banks to online financial institutions and private lenders.

Getting Approved for A Mortgage Loan

With low mortgage rates (ranging between 4.5 and 6%) many buyers choose to finance their purchase.

The following are some of the most common factors that influence the termsand conditions of the loan:

1. Your nationality

2. Legal status in the United States

3. Your credit history (if you have one)

4. Your income and bank accounts

Requirements for getting a mortgage as a foreign national:

1. An entry visa is required, depending on the buyer’s nationality. All non resident foreign buyers must submit a copy of their passport with a valid tourist visa (B 1 or B 2).

2. At least 20% to 30% of the value of the property as a down payment.

3. At least 30% to 50% of the value of the property as a down payment for condominiums.

4. Proof of income:

• Bank statements
• Reference letters from your bank or credit institution
• Two forms of identification

Borrowing Costs

The costs of obtaining a loan vary from institution to institution and depends upon the services of a mortgage broker, if you are using one.

You can use the following guidelines:

1. Getting a mortgage loan directly from a local bank tends to be cheaper. However, it will be limited to that institution’s specific financial products.

2. Hiring the services of a mortgage broker is very common and, despite usually being more costly than going directly to a financial institution, you’ll have a much wider range of options.

3. The interest rate varies. The interest rate you’ll be offered depends on your credit history, monthly income, debts, type of property, and bank accounts. If the client doesn’t have an established credit record, they will be required to pay a higher interest rate or be required to increase the down payment.

4. The down payment varies, depending on: 

1. The type of property that will be purchased:
   1. Single family home has the lowest down payment (usually 10% to 20%)
   2. Townhouses require a 20% to 30% down payment
   3. Condominiums requires the highest down payment (typically from 40% to 50%)
2. Nationality
   1. Foreigners with no established credit history are required to pay a 30% down payment. This payment increases depending on the home country risk.

Ready to Buy or Sell in Miami’s Fastest-Growing Market?
Whether you’re searching for a luxury new development or looking to sell your property at the right moment, Jester Niño Real Estate offers strategic guidance, market insight, and personalized support to help you make your next move with confidence.

Jester Niño
Broker Associate
C5 | EXP Realty