Archive for category How-to

How to Reduce Holding Costs for Vacant Land

Agricultural Land for Sale and large tracts of residential land for sale may sit on the market for months if not years in the current real estate market. Many of our clients are asking us what may be done to reduce the cost of owning raw land until the market improves. Here are just a few strategies that might be worth considering if you cannot expect to get your price in the next three to five years.

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Hunting Lease. For large tracts of land in counties where the discharge of firearms is loosely regulated, a hunting lease may be worth considering. Private hunters or hunting clubs may be willing to cover the annual property taxes in return for exclusive use of the property during hunting season. Be sure to consult an attorney before entering into a lease. Hunting activities may make the property difficult to show to potential buyers, and adequate notice to adjoining propery owners and the general public is necessary to prevent accidents.

 

Timber Sale. In areas where active timber harvesting is taking place, some property owners may sell their timber for pulp wood. The value of the timber may be determined by a timber cruise. Other factors like distance to a mill, size of the tract, and access to roads may affect the value of the timber. It is important to note that the value of the land for sale will be greatly reduced directly after harvesting timber. The land will not show well for several years after cutting and the stumps left by the timber company may pose an additional cost for future land development.

 

Conservation Covenant. Each county in Georgia has a program whereby land may be put in a conservation program in return for reduced property taxes. The covenant usually requires the owner to agree not to subdivide, develop, or harvest timber on the land for a period of ten years. Some exceptions exist for instance, a single residence may usually be built on the property without violating the covenant. Be careful because the penalty for violating the covenant can be expensive. Check with the Tax Assesor in the county the property is located to determine the specific rules for that county. You may also get a written estimate of your tax savings before placing the property in the program.

 

Property Tax Appeal. At the beginning of each calendar year, each county provides a window of time to appeal the property tax assessment. With land prices falling, it may be a good time to try this approach to get your tax value in line with actual value. We offer assistance with this process and can give you an idea of what to expect. Be sure and contact us in plenty of time before the appeal period expires for your county.

 

Charitable Gift. If you cannot find a buyer for your land and none of the other approaches offer any relief, you may consider giving the property away. Gifts may be structured in many ways and a qualified financial planner should be part of this decision. For larger dollar tracts, a charitable remainder trust may be an option. Specific rules govern the value that can be assigned to the land and the tax deduction may need to be spread over several years depending on your individual situation. We can help you get in touch with the right people to explore this option.

 

Please give us a call or drop us an email if you have further questions about your agricultural land for sale.

Marketing Band Owned Land and REO Lots in Georgia and Metro Atlanta

Marketing Bank Owned land for sale requires specialized techniques.  The best method for marketing land successfully depends on two factors: the type of land and its location. Since land does not have a specific use, we have to rely on what is physically possible, legally allowable, financial feasible and probable when evaluating potential uses. For instance an office building tends to stay an office building, but a tract of land might be used for an office building, a retail center, apartments, a hotel, you get the idea. When marketing land, some skill and experience is required on the part of the owner and the marketing professional to both accurately predict the highest and best use and target the types of buyers that might value that use. I group land into five categories:

  1. Individual Residential Lots
  2. Developed Subdivisions
  3. Recreational Land (having no immediate economic use unless returned to cultivation or timber harvesting operations — currently large tract entitled residential property falls into this category
  4. Commercial/Industrial Lots (sometimes called pad sites)
  5. Large Tract Commercial/Industrial Land

There are four types of buyers that are involved in the land market at various times depending on availability of credit and land prices. They are speculators, end users, builders and developers. The distinction between builders and developers usually can be easily made by thinking of developers as making horizontal improvements, and builders making vertical (on top of the land) improvements. Below is a table of the types of land each buyer might be acquiring depending on market conditions. Later on, I’ll list the buyer types that are actually buying each land category.

Residential Lots (usually under 3 acres)

Developed Subdivisions

Recreational Land (usually over 10 acres)

Commercial/Industrial Lots

Large Tract Commercial/Industrial Land

Builders

Speculators

End Users

Builders

Speculators

Speculators

Developers

End Users

End Users

Builders

Speculators

Developers

Speculators

End Users

Once we have correctly ascertained the highest and best use for the land given the four considerations listed above, we must then gauge the market to see what type of buyers are actively acquiring each type of land. Below is the table showing the types of buyers actively in the current market for each land type:

Residential Lots (usually under 3 acres)

Developed Subdivisions

Recreational Land (usually over 10 acres)

Commercial/Industrial Lots

Large Tract Commercial/Industrial Land

Speculators

End Users

Speculators

Speculators

End Users

End Users

Speculators

Speculators

End Users

 It’s fairly easy to see that builders and developers are completely out of all land acquisition activities right now. I know you’ll hear stories about so and so builder buying some lots are such and such developer starting a new subdivision. These anecdotes do not account for enough activity to make a dent in the available land inventory. In fact, the only reason they are noted at all is because many are looking for signs of recovery and more importantly because the volume of land sales is so amazing low that every single transaction is a story in and of itself. In order to move large quantities of land right now, you must look first to the end user and the speculator. The end user is in the market primarily because some financing is still available for owner occupied assets. Since an end user builds a dwelling or business that is immediately put into use, some banks will provide acquisition and construction financing.

Now that we understand that the end-users and the speculators are the only two buyers in the market, we must further segment the market into good and bad. Basically anywhere north of I-20 and between I-75 and I-85 up to GA Hwy 20 is good and everything else is bad with a few notable exceptions. In the bad markets, the only buyers for all five land types are speculators.

Where end user demand is still present, traditional property listings are still successful as our lists circulated by REO divisions in banks to brokers and qualified investors and users. Where only speculator demand exists, some trick must be employed to introduce a sense of urgency on the part of speculators. Left to their own devices, they will continue to sit on the fence and the land prices will continue to decline and the spiral will head downward as it has for the past 2.5 years. The tricks we have used in these bad markets include: sealed bid events, reserve auctions, absolute auctions, and pooled sales. Let me define these terms in some detail:

Pooled Sales: The benefit is two-fold. Speculators are enticed by opportunity for a discount by purchasing in bulk and shoppers of individual properties are forced to action by the prospect of losing the deal because they would be unable to bid on the asset when it is offered in a large pool.

Sealed Bid Events: No obligation on the part of the seller to disclose the bids and much effort must be made to convince the buyers that the properties will actually sell in order to obtain bids.

Reserve Auctions: These tend to create some excitement around an otherwise unattractive asset and qualified or cash offers are almost a certainty. As with sealed bid events, the buyers must be assured that the property has a high likelihood of selling in order to obtain bids since the owner may refuse all bids if the reserve is not met.

Absolute Auctions: Real excitement is created for the prospect of an amazing deal. This is sometimes the only way to draw speculators off the fence in very poor markets.

Absolute Non-Qualifying Owner Financed Auctions: We haven’t seen these yet, but I expect they’re coming in 2011.

It is important to note that there are several types of auctions including online, odds & ends and parcel subdivision sales. There are also several bid methods including pick and choose by the acre or lot, minimum increases or not to recombine parcels or lots, buyer premium fees added to bids, and others. The rules of the auction can be just as important as the format when trying to maximize property selling prices. Each auction company prefers or is competent under certain conditions.

Below is a matrix showing the five land types and the best marketing method to obtain a market sale in 6-12 months.

 

Residential Lots (usually under 3 acres)

Developed Subdivisions

Recreational Land (usually over 10 acres)

Commercial/Industrial Lots

Large Tract Commercial/Industrial Land

Bad Market

Odds/Ends Auction Absolute

Odds/Ends or Dedicated Auction Absolute

Odds/Ends or Dedicated Auction Absolute

Odds/Ends Auction/Reserve

Dedicated Auction Reserve

Good Market

Broker

Odds/Ends Auction Reserve

Broker

Sealed Bid Event

Odds/Ends or Dedicated Auction Reserve

Broker

Broker

Broker

Sealed Bid Event

Direct Carry Cost

High

High

Medium

High

Low

Price Trend

Worse

Worst

Bad

Bad

Worse

When hiring a land broker, like an auction company, it’s important to find one with experience in the specific land type and geographic area. The best strategy to market bank owned land for sale utilizes a number of different marketing methods and vendors to obtain successful sales at the best prices available in the current market.

What is a Right of First Refusal?

Sometimes also referred to as a First Right of Refusal is a right granted by the owner of the property to another entity (the Holder).  The Holder has the right to purchase the property in question in the event the owner receives an acceptable offer to buy.

Some common situations where you find Rights of First Refusal include:

  • Landlords may grant one to a tenant who wants to buy the property when the landlord is not ready to sell immediately.
  • When a property owner sells a portion of his property and retains the rest, he may grant a right of first refusal to the buyer on the seller’s remainder tract.
  • In partnerships, each partner may grant a right of first refusal to all other partners requiring him to offer his partners the right to buy his interest in the partnership before allowing some new entity to buy in.  (Also see “Shotgun Clause” on wikipedia for a more interesting arrangement.)

In the event the property owner receives an offer that he plans to accept, he must notify the Holder usually by delivering a copy of the purchase offer.  Certified Mail Return Receipt Requested is what I’ve used in the past to create proof of delivery along with a letter for the Holder to sign acknowledging notification.  The Holder then has a period of time (defined when the right of first refusal is granted) to elect to purchase the property under the exact same terms as the written offer or release the right of first refusal.  Sometimes a this release requires a Quit Claim deed and sometimes the expiration of the time limit on the right is sufficient depending on the requirements of the title company and the parties involved in the transaction.

The response period is usually 30-60 days and can make any property with a right of first refusal very difficult to market because a potential buyer has to wait for a month or two without any certainty that they will actually get the property.  Sometimes rights of first refusal specify a price trigger such that the seller only has to contact the right holder if the offer to purchase is below a specific price.  Sometimes the right expires for example a right may expire at the end of lease if granted by a landlord to a tenant.

The correct way to do a right of first refusal is to record the right on the title of the property in question.  This protects the holder of the right because anyone trying to buy the property would most likely do a title search and discover the right of first refusal.  In practice, the right is written directly into the lease.

What happens if the owner sells property bound by a right of first refusal without notifying the Holder.  That’s probably where an several attorneys could rack up fees trying to sort the matter out.  My advice is to always have a real estate attorney’s help in creating or exercising a right of first refusal.

Footnote:  Rights of First Refusal are one of the best reasons for Brokers not to accept Open Listings.