Get Proper Tax Advice. This is an absolute, and again must be done early on in the procedure. Professional advice is needed to structure the transaction in the most tax efficient way, making the most of any reliefs and exemptions that may be available. Income Tax, Capital Gains Tax, Inheritance Tax, Value Added Tax and Stamp Duty Land Tax are all taxes which may need to be considered and planned. Many developers will want to certain that the seller has obtained professional tax advice before exchanging contracts.
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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.
Thanks for the article Seth. Very informative. Vacant land is one of those types of property I’m coming across in my search for good deals on houses. I’ve been a little brave offering people a cash offer for their lot. Only to find out later the parcel has a myriad of challenges. (Most of which could be dealt with-time and money, but still not worth it). Thankfully nobody took the deals yet. I have learned a lot and gained more understanding. I am closer to getting raw land at a great price that is build-able! Articles like yours, helps guys like me, stay focused and saved from troubles! As we know the bigger the challenges and unknowns the higher the risk-and the payday. Tread carefully.
Hi Chris, thanks for the comment. That’s a pretty subjective question (there are a lot of variables to consider), but I don’t see how it could hurt the value of your overall estate. The question is – what is the land actually worth? Is it worth more or less than $25K? One way to find out would be to follow the ideas in this blog post. As long as the property is worth substantially more than $25K (and assuming you actually want the additional land), it’s probably a worthwhile investment… but again – it’s impossible for me to tell you anything concrete without looking at everything (which I can’t really do).
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An open listing generally brings the same result to a landowner. If you engage several agents to help you sell your property, then no one is responsible for marketing and selling your property. By making it open to everyone, you essentially make it for no one. Why would an agent spend money advertising a property that they have no reasonable guarantee that will produce a return on their investment? When they do, sellers often get the impression that the agent has nothing to offer and is not effective. Good agents will not do that as a standard practice.
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.
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