I might add that in some development-friendly communities, the city and developer might try to play the eminent domain (condemnation) card. Ostensibly, eminent domain should be used only in the exercise of public good such as a new highway or road widening, though some cities get away with it in dubious circumstances. Your agent should know whether this could be an issue. Such a scenario, as unlikely as it is, would probably force you to hire a lawyer to get a decent price.
If the property is part of a Home Owner's Association (HOA) it will most likely have even more stringent restrictions in place to help maintain the “quality” and formality of their neighborhood. The idea is to keep any bizarre behavior OUT of the neighborhood (e.g. – cars in the front yard, lawns nobody takes care of, houses that look out-of-place or aren't built to code).
My wife and I are thinking about selling our home and have been looking for tips to get it off the market quickly. I like that you suggest talking to building inspectors because they deal with large volumes of buyers on the market. Having connections is really important to get the word out so we might try talking to a few different real estate agents and contractors. Thanks for the help!
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.
And consider that the developer may not really “need” your property, and may just be looking into options for improving the entrance to the community. It’s worth noting that a more beautifully landscaped or designed community entrance adjacent to your 10 acre property could increase your property’s value. Also, building a friendly relationship with the developer may lead to a buyer for your property in the future.
Usage restrictions aren't necessarily a bad thing – they almost always make sense on some level. They're designed to help maintain order and support the value of each property in the subdivision. On the same coin… if you aren't aware of these restrictions before you purchase, they can also create some conflict with the plans you had in mind for the property. This isn't common for most land investors (because most people have no intention of using their property for purposes that don't jive with their surroundings), but even so – you should always make sure you understand what the rules are BEFORE you buy a parcel of vacant land. This will help you avoid owning a property that requires maintenance you don't want to do, or that can't be used for your intended purpose.
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.
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.
In the very least, your land contract should include the address of the property and a full legal description of the land. It should also include the down payment amount, purchase price, the number of payments that will be made, the monthly payment amounts, and any balloon payments that may be required. You may also consider creating and attaching an amortization schedule.
If you're planning to build a “dwelling” of any kind on your parcel of land, there is one issue that may seem insignificant at first glance, but it has the potential to make or break a land deal. It's called a “Perc Test” – and if you're dropping some serious coin on land in a rural area, this is an issue you'll want to be sure about before you sink your money into it.
Your buyer profile can depend on what type of property you are selling, whether the land has been developed already, its location and market conditions, among other criteria. Is your likely buyer an individual looking for a lot for a new home? Or is your buyer going to be a builder or developer looking for land for their next project? Or is your buyer some combination of those, or someone different altogether? There may be different buyers for finished lots, rural acreage or a parcel of suburban land in a thriving new home market.