Promotion Agreements. Agreements of this type are arguably now more popular amongst developers than traditional option agreements. They allow the promoter, often a developer or specialist planning consultant, to apply for and obtain planning permission at their own cost. Once planning consent is obtained, the landowner must sell and the promoter receives their fee out of the proceeds. BHW has produced a detailed article on this type of agreement. Landowners will need to negotiate to protect their interests under these agreements and specialist advice is essential. One of the points to consider is how long you are prepared to be tied into such an agreement.
Mortgagee’s consent. If your land is subject to a legal charge you will require the lender’s consent to the sale. If you are selling off part of a larger parcel of charged land you will need to obtain a release. This might mean the renegotiation of your financial arrangements, which again, is sensibly addressed early in the transaction. Speak to your relationship manager and your solicitor.
Hi David – it would depend on what financing you can get for the land… and since most banks don’t finance land without an immediate plan for development, chances are, you’d either have to pay cash or find your financing from a separate source (like if the seller is willing to finance it, or if you’re able to obtain a loan with some other collateral).
I am currently listing a 10 acre piece of vacant land, which is zoned R-1, in Hesperia, California. The seller states the property can be zoned commercial. I spoke to the planning department and they stated it is zoned residential. My client is totally convinced they are wrong and it can be switched if someone pitches a commercial rezoning presentation. What is your take on this?
First and foremost, it is vitally important to understand what a property can be used for, and what the highest and best use of the property is. With a simple phone call to your local planning & zoning department, most offices can give you the answer to this question in a matter of seconds. Once you know the zoning classification (e.g. – residential, mixed-use, commercial, industrial, agricultural, etc.), ask them to give you some examples of what type of property would be allowed under each of these particular zoning classifications. They may even give you some ideas that you hadn't previously thought of. Once you understand the most ideal use of the property – you can quickly determine whether it will fit your needs (or the needs of those you intend to market the property to).
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Selling land is one of the most difficult real estate transactions to conclude. The seller must create an imaginary future for that land and market it to the appropriate buyers. This involves creative thinking on the part of the owner and the expense of illustrating the future use of the land in the form of flyers and brochures. Obtaining financing is difficult and requires the owner to be flexible on his price and terms if he wants to sell the land quickly.
Devon Thorsby is the Real Estate editor at U.S. News. Since joining the Consumer Advice team in 2015, she has focused on breaking down the homebuying and selling process, as well as reporting on trends in the real estate industry and their effect on the public. Thorsby previously worked in research and communications for commercial real estate information company CoStar Group, and received her bachelor’s degree from the University of Michigan, where she worked for the student-run newspaper, The Michigan Daily. You can follow her on Twitter, connect with her on LinkedIn or email her at firstname.lastname@example.org.
great article and timely. I have several undeveloped lots located in urban and well rural settings., from quarter acre to 120 acres. I am also thinking of developing the lots my self but need a step by step process including spread sheet showing cost of development and potential roi. what type if assistance should I expect from local gov’t in this process for environmental goals, building green, workforce housing etc. thanks
Pricing land can be trickier when compared to pricing a home. Developed lots in communities may have a clear “market” price based on the recent sale of similar lots. Raw land, however, may have fewer “comparable” sales to use in determining your price. In addition, the price you ultimately can attract for a singular lot or undeveloped land can vary greatly depending on the buyer’s intended use of the property. For example, if a buyer feels that your acreage is appropriate for a high-end home development it likely will bring a higher price per acre than if a buyer only intends to build a single home on it.