Negotiating: A good agent can help you navigate the negotiation process and give you perspective on what to offer and what to accept in order to help you reach an agreement with a potential buyer. Negotiations are often tense and can become emotional. The agent serves as the go-between, and is paid to defuse and diffuse the negotiating process. A man that I showed land to last week, was planning to sell a property he owned and do a 1031 exchange into a property I have listed. He told me about a cash offer on his tract that was “as good as in the bank” for about $350,000. One of the owners that adjoined this man’s property had made the offer about a month before he came to see my tract. His adjoining owner called back yesterday and dropped his offer from $350,000 to $315,000. Had I been his agent, I would have advised him when the offer came in to go ahead and accept it. His delay in accepting the offer probably knocked him out of buying my listing which he liked a lot.
“I visited the property on Sunday and most of the lot was inundated with water. It is apparent that the soil is saturated for significant periods. Based on my observations, which are consistent with the available online data, it is my opinion that the lot is unbuildable since it does not meet the minimum New York State Dept. of Health (NYSDOH) requirements for the design of an onsite septic system. NYSDOH requires at least 12 inches of native useable soil above the high groundwater level and the septic system cannot be situated in a wetland. While NYSDOH has many other requirements to comply with, these two deficiencies cannot be addressed by any approvable design.
I’m sure it could be done. I actually live in a subdivision that started exactly like how you’re describing back in the 70’s. I think it can be a pretty big speculative gamble unless you’re absolutely certain that there’s a huge demand for what you’re creating… but if you end up being right, you could easily make millions (depending on how big of a project you’re looking at).
Overage. Put simply this is a right to receive future payments in respect of land which has been sold. It is sometimes known as a clawback. The right is triggered by the happening of a certain event, in this scenario often the grant of planning consent for development. There are many issues to consider here, beyond the scope of this note, but landowners need to think about what will constitute the trigger event, how long the overage agreement should last for, what the obligations of each of the parties should be, how the payment should be calculated and how this payment should be secured.
If a property doesn't have access to one or more of these staples of reasonable living, the property (for all intents and purposes) may not be considered build-able. After all, who would want to build a house where they can't flush the toilet or get access to clean water? If a property isn't build-able, you will lose a massive portion of the property’s usability, marketability and value. Since most people buy land with the intent building on it, you will definitely want to be aware of anything that could become an obstacle to that objective.
I might add that in some development-friendly communities, the city and developer might try to play the eminent domain (condemnation) card. Ostensibly, eminent domain should be used only in the exercise of public good such as a new highway or road widening, though some cities get away with it in dubious circumstances. Your agent should know whether this could be an issue. Such a scenario, as unlikely as it is, would probably force you to hire a lawyer to get a decent price.
After identifying your likely buyers, try to think like them so you can focus your message to convey what they need to know about your property. Have information ready about schools, shopping and other nearby amenities. For developable land you can be prepared with zoning information and insight from local authorities about the location and capacity of water and sewer service. Each property is different, so customize your information for your situation and your targeted buyers.