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 either of these things are inhibited, it wouldn’t be highly unlikely that the land can be secured in the way you describe. In a free market, the seller can (and usually will) sell to whoever is offering the best deal at the right time – so if the developer can’t be competitive in this way, it boils down to the old saying, “Beggars can’t be choosers”.
When you take advantage of this option you don’t have to go through all the aggressive marketing tactics that are needed for property selling. You are not going to be using up time by having to conduct showings of the property. You are not going to be hassled with a bunch of leads that you generated that really were not the right target market for you. When you want to sell property fast then time is the priority and this is one of the major benefits you derive with the, we buy land option.
LoopNet operates the most heavily trafficked commercial real estate listing service online, with more than $425 billion of commercial real estate for sale and 5.1 billion sq. ft. of commercial real estate space for lease. LoopNet also attracts the largest community of commercial real estate professionals looking for Land with more than 7 million members comprised of brokers, corporate executives, service providers, and more than 3 million buyers, tenants and other principals.

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.

For most commercial properties, the best way to do this is by ordering a “Phase I Environmental Report” (many banks will automatically require this because it affects their collateral). This report will identify if there are any “Recognized Environmental Concerns” (RECs) on the property that you need to worry about. If you neglect to do any environmental due diligence, the liability for any existing environmental contamination on the property could ultimately fall on your shoulders – making it very difficult and expensive to sell the property in the future.
These can include a requirement that you dedicate part of “your” land that is in the road right-of-way to the local government, causing you now to be working with a smaller parcel. Other rules may require you to build or improve roads, sidewalks, curb and gutter and even to plant trees. In addition, you also may be required to install water and sewer connections and meters for the lots, or to pay capacity fees, impact fees and other assessments when adding the new homesites.

I would appreciate your opinion about my situation. When I purchased my home on 5 acres twelve years ago, the builder included two acres at no additional charge. Both the 2 acre and 5 acre parcels are adjacent to each other. So, I have two properties with two tax bills. In the future, I plan to obtain a reverse mortgage, so I would like to maximize the value of my home by combining both parcels into one larger 7 acre parcel.
While often unpopular with locals, people who wish to cash in on their gardens get a lot of help from planning laws. According to Craig Noel of Strutt & Parker, it is becoming very difficult for planning authorities to resist applications to build houses in back gardens, thanks to one of the new planning guidelines, PPG3, which obliges houses to be built at higher densities in future.
Always offer to ‘show’ the property to prospective buyers. It’s an obvious step for home sales, but some people neglect it for land sales because they believe there isn’t a lot to really show. That’s the difference between a strong seller and a poor one. To be a successful salesperson, you’re always selling. You want to show the buyer the property lines, and then, lead them out to see the neighborhood, local businesses and other aspects that could seal the deal.
From what I've seen, Oodle probably has the most streamlined process for posting a property for sale. You don't have to navigate through page-after-page of details to post a property. Property sellers can fill out one simple submission form to get their entire listing compiled and posted in a matter of seconds (and it's especially fast if you already have the listing information prepared and you're just copying it from another source).
I am considering buying a quarter acre, to build a house for my retirement in a few years. I have never bought land before but it is in an area that will definitely increase in value over the next few years so I want to lock it down now and build the house I want later, rather than purchase a home and make payments in addition to my current home. Thanks for the tips on how to assess, my question is whether I should use a realtor and/or get a property appraisal. I will probably pay cash for the land. Thanks much!
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.
Rule #18: Before traveling to view a promising parcel, check the county assessor’s website using the parcel number. Some are VERY helpful, containing all sorts of information such as what areas are known for landslides, flooding, wetland/buffer areas, contamination, noxious weeds, etc. The sites also give past purchase pricing and tax information, and sometimes even if there’s been “issues” with the land (such as a previous owner building unapproved structures which they may have had to tear down, leaving a foundation for you to deal with).
FindMyRoof does a pretty decent job of putting together a nice listing that gives all the basic details in an easy-to-follow format. It's not a terribly complex process to create a listing, and the site doesn't draw in a huge amount of traffic – but it is a relatively targeted audience of real estate buyers, which may make the site worth your time and consideration.
In the right location, today’s seller’s market makes it so you could put your home on the market as-is and likely still receive interest. But if there’s a possibility you’re misdiagnosing your home as a desirable purchase for a teardown, you should think about preparing the home properly for the market, as minor updates and cleaning can go a long way. You could have your property appraised to see how it would likely fare compared to similar homes in your neighborhood, or consult a real estate agent to see if they expect more builder versus homebuyer interest.
I’m so happy that you mentioned to send out letters to your neighbors that say you are planning on selling your place. My sister had the worse time trying to sell her place. She put ads online and in the newspaper, talked to real estate agents, and tried other methods. It wasn’t until she sent letters out to her neighbors that she got a response. All in all, don’t give up! You’ll find someone to buy your place one way or another!
And I know what you mean about the assessed value – this number means almost nothing in my mind, because the county will usually peg this number as high as possible, because it allows them to charge more in tax revenue for the property. I think you can get it reassessed in many cases, but there usually aren’t any guarantees that your request will get traction, and the process isn’t necessarily fast or easy. It may be worth your while to call the local tax collector and just ask them how much the annual tax bill is – that should tell you pretty quickly what the obligation would be.
Settle on a price that is acceptable to both parties. But don’t exceed the price you initially set as your maximum amount to pay. No property is worth paying more than you can afford. "Decide what a transaction is worth to you. A property may be worth more in value to you than the actual appraisal. Take the emotion out of it and deal with it in terms of dollars and sense," confers King. And, "don't be afraid to walk away from a deal, just do so with a handshake and a smile and do not burn that bridge."

Side Note: While it's easy to assume that your property listings only belong on websites where tons of people are already there, I think it's also important not to overlook the value of having your listings in front of many different audiences. Even when an advertising outlet is less-recognized or newer to the market, it could still be worth your while to post your property information there.


I make a commitment to my clients when I become their exclusive agent. I never list a property I do not intend to sell. Until a property sells I spend all of my own money in marketing and showing a tract. Agents cannot stay in business if we do not make money. I tell people that my children like to eat every single day, so I give my best effort to selling their property. That is an arrangement that benefits both the seller and the agent.
Hi Dave, thanks for stopping by. You’re right – it’s very hard for me to give you any concrete opinion on this (because there are a lot of factors to weigh with any piece of vacant land). I’d say if you’ve looked at all the potential downsides and established that there won’t be any issues from that end… and if you’ve got a fairly decent idea as to what the property is currently worth (and you’re buying it for a price that is significantly BELOW that number), then sure – there probably is a fair chance that you can make money on it.
The gross value figure per acre that the land is worth once it has planning consent in your locality.  This is normally referred to as ‘the headline price.’  Developers generally make deductions of up to 10-15% to the headline price to cover the costs of their efforts to secure consent.  It’s very rare indeed for a developer to offer a landowner 100% of the headline price!
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Since land is often a unique commodity, it can often be a pain for you or an agent to try and sell it.  Land is often hard to value, and most buyers lack vision for what it could become.  And that’s not to mention the fact that you have to be available to show it and explain the same land package over and over again to lots of potentially interested buyers.

And last but not least, you can advertise it for sale online. Three sites that I recommend, especially if you need to sell your land fast, are Bid4Assets.com, eBay, and Craigslist.org. The internet should be your medium of choice for those of you who are selling land that is located in very secluded and isolated areas of the country, far removed from civilization, since there won’t be any people nearby to see your “for sale” sign.


As for whether the seller will accept a lower offer – you’ll never know until you make the offer and wait for his response. It could obviously go either way, but my philosophy is usually to err on the lower side – because unless he’s got other buyers waiting in line (which I doubt he does), you can always come back with a higher offer later if you really want it that badly.
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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