As you are aware, we have worked worked with Land Century since its start back in 2006. I wanted to thank you for all your professionalism, the quick follow up, the integrity with how you operate and for helping us buy and sell hundreds of properties across the USA. As you know, about two years ago we directed all our lots sales and purchases exclusively through your office. You continue to be a great partner and I look forward to many more years working together.
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.
The hard part, however, is getting your neighbours on board if that’s what you’d like to do. Offering a developer a larger parcel of land can be more profitable for them, and therefore more lucrative for you. This will require negotiations and time, possibly between yourself and your neighbours or between your agent and the neighbours. Be prepared that not everyone else will want to sell, even if there’s a big payout promised. Make sure that the extra effort will be worth the final sales result by comparing an estimated selling price for your home with what your portion of the sale will be if you sell to a developer.
If youre providing seller financing, youll still need to draft a deed, but this deed will be held in escrow until the final payment is made. Once that payment is made, the deed will be filed with its respective government agency, typically the county clerk. You can have an attorney, title agency, or a financial institution hold the median in escrow for you until the buyer makes the final payment.
No matter whether the thought has occurred that I want to sell my land online, or you are open to selling it any way you can, be sure to take the time to make sure the land is clean, and have any debris removed. Do some basic landscaping to make the land look more appealing. If you wanted to buy land yourself and it looked unkempt or overgrown you would most likely have second thoughts about that particular parcel, the same will be for those interested in the land you want to sell fast.
Hire an appraiser to determine the value of your land if you don't have the market knowledge to do it yourself. Without knowing what your land is worth, it will be hard for you to assess the strength of the offers that you receive. The appraisal will also determine the highest and best use of the land, and you can use that information to target your marketing activities.
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.”
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Tenants. Informal arrangements with tenants can also pose a problem when it comes to selling. If you let any buildings to business tenants they should be on proper leases which are contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954. Any residential tenants should be on Assured Shorthold Tenancies. For agricultural tenants, make sure they are on licences if appropriate or Farm Business Tenancies under the Agricultural Tenancies Act 1995. Bear in mind the long notice periods and that compensation may also be due for these tenants. Agricultural tenancies that were granted before 1 September 1995 are likely to have lifetime security of tenure and if they predate 12 July 1984, successors can also be named by the tenant so that up to three generations can farm the same land. Compensation will also be payable on termination for any tenant improvements to the land. Again, it will help to have all the paperwork accessible and to hand.
These are the questions I ask myself before I buy any piece of vacant land. This isn't intended to be an all-inclusive list of EVERY possible issue you could ever encounter, but I’d say it covers about 95% of the potential concerns you ought to be aware of. Most of these issues come up very infrequently, but they are very important things to consider nonetheless. Remember, you don't need to be afraid of buying vacant land. You just need to be informed.
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.
One of the most important first steps before subdividing your land or land you wish to buy is to make sure there are no restrictions that will block your plans. Everything from ordinances, neighborhood covenants to deed restrictions may prohibit – or fatally complicate – your plans. Review these items carefully, plus order a professional title review (typically through a real estate attorney) so that you can understand whether there are any deal killing issues that apply to the property and prevent subdividing.
Land Requires Different Sales Techniques – A home has a kitchen, bathrooms and a façade that can be visual and photogenic. You can hold an Open House for a home and walk a buyer through each room to help make the sale. Buyers can easily visualize themselves in – and fall in love with – the built home. It’s just not the same for vacant residential lots and land.