Florida condo situation
My building failed its milestone inspection—can I still sell?
Short answer
Yes, a unit may still be sellable after a milestone inspection identifies substantial structural deterioration, but the finding cannot be treated as a routine footnote. The report, Phase 2 or repair status, official notices, association funding decisions, contract, title review, buyer acceptance, and lender eligibility shape whether and how the sale closes.
Last verified August 4, 2026What does a failed milestone inspection actually mean?
Use the report’s conclusion, not the shorthand word “failed.” Florida Statutes §553.899 describes a milestone inspection process for covered condominium and cooperative buildings. Phase 1 determines whether there are signs of substantial structural deterioration; when there are, Phase 2 is required to evaluate the condition and recommend a repair program.
The statute generally places covered buildings into the process at 30 years and every 10 years afterward. A local enforcement agency may require the first inspection at 25 years based on local circumstances, including proximity to salt water. The engineer or architect, association, and local enforcement agency control their respective findings and actions.
Which records should I collect before listing?
A buyer needs the current building record, not a seller’s interpretation of engineering conclusions. Ask the association for the milestone reports that exist, government notices, available engineer communications, repair scope, bids or contracts, permits, schedules, board minutes, budgets, SIRS, assessment notices, insurance information, and evidence of completed work.
Label dates and status accurately. Separate a proposed repair from an approved contract, an estimate from a final assessment, and partial work from completion. The milestone-versus-SIRS guide explains why the structural inspection and reserve study answer different questions.
How do repairs and assessments affect the sale?
Uncertainty can affect a sale as much as a known cost. Buyers may evaluate the repair scope, funding plan, unit allocation, payment schedule, construction disruption, access, insurance, and the chance that current figures change. Sellers should provide known records and avoid predicting an engineer’s, board’s, insurer’s, or agency’s decision.
If an assessment is discussed or approved, review the guide to selling with a special assessment. The purchase contract, assessment dates, association documents, estoppel or title information, and negotiation determine who pays; there is no universal seller-pays or buyer-pays rule.
Can a financed buyer still purchase the unit?
Only the buyer’s lender can approve the borrower, loan, and condominium project. Fannie Mae identifies critical repairs and significant deferred maintenance as potential project-eligibility concerns. Freddie Mac’s project review also produces lender-facing eligibility findings.
That does not establish that every loan will be denied or that the unit is legally cash-only. It means financing should be investigated early and described precisely. Read how non-warrantable financing works, then evaluate each offer’s lender, contingency, deposit, timing, and alternative plan.
How should I present the property without minimizing the issue?
Lead with organized evidence and a clear status date. Alexandra builds a document timeline, confirms what the association has actually approved, distinguishes inspection findings from reserve funding, and gives buyers a consistent route to available records. She does not reinterpret engineering language or promise financing.
Prepare the unit as well as the building story. The condo seller hub gives a broader readiness list, while a seller who cannot be present can use the remote-sale workflow for access, belongings, signatures, title, and closing logistics.
Can I sell if my building failed its milestone inspection?
A finding that requires further evaluation or repair does not automatically prohibit every unit sale. The report, official notices, repair status, association decisions, contract, title matters, buyer review, and financing path determine what can proceed.
What happens after Phase 1 finds structural deterioration?
Under Florida Statutes §553.899, signs of substantial structural deterioration identified in Phase 1 require a Phase 2 milestone inspection. The responsible professionals and local enforcement process determine the scope and next steps.
What records will a buyer ask for?
Expect requests for the Phase 1 and Phase 2 reports that exist, local notices, engineer communications available through the association, repair plans, bids or contracts, permits, minutes, budgets, SIRS records, assessments, insurance information, and completion evidence.
Does an adverse milestone finding make the condo cash only?
Not automatically, but significant repairs or deferred maintenance can affect condominium-project eligibility. Each buyer’s lender decides whether the borrower, loan, and project meet its requirements.
Who pays for milestone repairs or an assessment at closing?
The association’s decisions create the unit obligations, while the purchase contract, due dates, estoppel or title information, and negotiation determine allocation between seller and buyer. There is no safe universal answer.
Evidence ledger
Read the primary sources.
Education only—not legal, tax, lending, engineering, or title advice. Association records, contracts, statutes, and professional guidance control the result.
- Florida milestone inspection statute §553.899Verified August 4, 2026 · Official source ↗
- Florida DBPR inspections guidanceVerified August 4, 2026 · Official source ↗
- Florida DBPR condominium FAQsVerified August 4, 2026 · Official source ↗
- Fannie Mae Condo Status Finder guidanceVerified August 4, 2026 · Official source ↗
- Freddie Mac Condo Project Advisor FAQsVerified August 4, 2026 · Official source ↗
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