Maurice "Moe" Veissi, president elect of the National Association of Realtors says that the first step in negotiating a fair land deal is to make sure that it’s a clinical, not an emotional purchase. When it comes to a land purchase it is not unlike buying a car, he says. For example, would you purchase a new car without knowing what it is you want, what price are you willing to pay, and what the average purchase price is for the car you are eyeing?
Hi, I found your blog via searching for help for a decision. I have two 10 Acre parcels with views of the Stanislaus Mountains in Northern California that are part of an 8 parcel development back in 2006 for $160k each (ouch) with the intention of building a home on one and the other as an investment. One has a well the other does not. There were two owners of the development that built right before the financial crises but no one has built since. I wanted to lower the property tax so I listed them each for $60k, not thinking I’d ever get an offer and since dirt is not selling in that area well, but low and behold within two weeks I received two offers on the parcel with the water well (one from a real estate agent/2nd from a neighbor behind the property). I’m not sure but I think both have different intentions for purchasing which doesn’t matter (you are able to grow marijuana in that county). Now I’m uncertain about selling since it was not my intention and I’d really like to recover my investment. Should I wait to see if land values rise to what I paid back then or should I take the money and run!? They both asked for owner financing. There is access to power and the development’s access is through a gated community. Any comments would be welcomed and appreciated. Thank you!
 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.

As for pricing, your suggestion of $20,000 x 98 seems high for a sliver of road frontage to add a turn lane. Granted, you have the right to try to sell your property for whatever you think it is worth (unless it is a government taking for market value, or if you just don’t own the property in the first place), but that does not mean someone will buy it if it is overpriced. The developer likely has other options. Usually valuations in a situation like this are based on an appraised (or negotiated) value per acre or square foot, and then a survey determines the precise size of the sliver of land that is being conveyed at that rate.
In addition, landowners may more readily find buyers for smaller subdivided parcels that are more affordable than one larger piece of land. Try to understand the market’s needs. Completing the lot subdivision up front saves the purchaser the time, effort and risk of doing it themselves, increasing the salability – and often the value – of the overall property.
Other options to consider are selling your land with owner financing which makes it easier for people to afford. Trying to find cash buyers can be difficult depending on your asking price and banks don't typically want to lend on vacant land. Also, if you have land you want to sell in a hurry and you'd like to get cash for it there are a number of wholesale land buyers that make be interested in making you a cash offer for your land.
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Rezoning isn’t a quick process, and there are no guarantees. “Sometimes councils won’t rezone because the land is too fragmented and needs consolidation,” Coutts says. “It can easily take four to five years. Some landowners don’t have that time, so it can be a very daunting and upsetting process. You can see why they say ‘just sell it and let’s get out of here’. But if you can wait and manage the process effectively, the rewards can be considerable.”
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.
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