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Commercial surety

Deposit Bonds

Pre-construction buyer deposits normally sit locked in escrow until closing. A deposit (escrow) bond guarantees the escrow agreement so the escrow agent can release those deposits to you, the developer — turning idle capital into working capital.

Deposit Bonds — The Keating Agency

In a pre-construction sale, buyers' earnest-money deposits are held by an independent escrow agent and normally can't be touched until closing. A deposit bond — also called an escrow deposit bond or condominium escrow deposit bond — changes that: the developer posts a surety bond guaranteeing the return of those deposits, and the escrow agent releases the funds to the developer to put to work on the project.

It's a powerful liquidity tool for developers. Instead of raising outside capital, you put deposits you've already collected to work — backed by a bond that protects your buyers and guarantees the escrow/purchase agreement. Florida's condominium statute (§ 718.202) and roughly a dozen other states expressly allow deposits to be released against a bond, commonly for the first 10% of the purchase price.

Buyers pay deposits
Pre-construction earnest money on units or lots
Held in escrow
An independent escrow agent holds the funds
You post a deposit bond
Surety guarantees the deposits are returned if owed
Funds released to you
Escrow releases the deposits as working capital

Common deposit bonds

Condominium escrow deposit bonds

Release pre-construction condo buyer deposits — often the first 10% under Fla. Stat. § 718.202 and similar laws — to fund the project.

Subdivision & new-home deposit bonds

Free up purchaser deposits on platted lots and new-home pre-sales for developer liquidity.

Blanket or per-deposit structures

Bond every deposit individually, or post a single blanket bond covering all deposits received.

What we need to quote

The purchase/escrow agreement and the escrow agent's details

Total deposits to be bonded (and whether per-deposit or blanket)

Developer entity financials and a personal financial statement on the principals

The project (units, sale prices) and the state it's in

Deposit Bonds FAQ

What is a deposit bond?

A surety bond a developer posts so an escrow agent can release buyers' pre-construction deposits to the developer. The bond guarantees those deposits are returned if a buyer is entitled to a refund — so the money can be used as working capital instead of sitting in escrow.

Who does the deposit bond protect?

The buyers (purchasers) — they're the obligee. The bond guarantees their deposit comes back if the deal terminates and they're owed a refund. The developer is the principal.

How much does a deposit bond cost?

Typically about 1%–3% of the deposits released, depending on the developer's financial strength and the project. We quote your exact rate after a quick review.

Which states allow it?

Florida (§ 718.202) is the best known — it lets the first 10% of residential condominium deposits be released against a bond — and roughly a dozen other states (e.g., Michigan, Ohio, New Hampshire, Washington) allow deposits to be applied to construction with the right disclosures and security. We confirm the rules for your state and project.

How is the bond amount set?

It must at least equal the deposits you release — you can't draw more than the bond's face amount. We can structure it per-deposit or as a single blanket bond covering all deposits.

Forms for deposit bonds

Personal Financial Statement

Owner PFS used to support contract surety credit on larger programs.

Download

Commercial Bond Request Form

For license & permit, deposit, fidelity, and other commercial surety bonds.

Download

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