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Recently, I had the opportunity to visit with Gary Vandenberg, a long time 30+ year friend and business associate, also in the same creative real estate business. We again reminisced on some past transactions, successes, war stories etc.
One transaction Gary remembers intrigued me again.
It involved a 14-acre property in a beautiful recreation area. No services. Zoned ½ residential and ½ agriculture. On this site, he eventually completed a 37 semi-detached condominium project and a 4 single family lot residential project.
The journey to that end was interesting.
The Sellers were long term free and clear owners of the property and quite content to stay that way in a passive “land banking” mode.
Gary is a developer/investor/exchanger whose continual goal is to “add value”.
The Sellers were in no mood to sell for a fair market value price.
Gary needed a creative financial transaction to make the development possible.
Gary paid a 25% premium for the property through a creative formula.
The Formula Summary
The transaction was conditional upon Gary receiving final zoning and development approvals for the total 14 acres, at his expense.
Gary arranged a Construction Loan for the infrastructure, and a Construction Credit Line for construction of condos, both secured by a First Mortgage all the property except 1 acre reserved for the four single family lots. That acre remained free and clear.
The Seller took back the balance of the Purchase Price via:
receipt of 2 Single Family Lots at Closing (his profit in these lots became his “down payment” in the deal);
an interest only Second Mortgage paid out via partial discharges as Buyer sold the condominiums.
Seller Benefits
Sold property for substantially more than original third-party valuation.
Property Sold “As Is”, leaving burden of all hard and soft costs with Gary. Therefore, even if Gary had not completed transaction during the conditional period, Gary’s rezoning and final approval actions would be to Seller’s financial benefit, increasing value again, without Seller financial contribution.
Buyer Benefits
Gary was able to acquire the property with no money down. The two free and clear residential lots not deeded to Seller at closing were sold after closing to provide required funds to complete rezoning and final approvals, required reports, road construction etc.
After paying off First Mortgage Infrastructure loan and Second Mortgage to seller, Gary was left with 10 free and clear condominium sites, allowing further “value add” opportunities in home building, land sales, further investment/exchange opportunities etc. which he did accomplish.
First of all, here are the basic questions?
What Type of Investor Are We at This Time of the Cycle?
What is our Current or Long-Term Situation?
What is our Current or Long-Term Objective?
What Are Our Current and/or Long-Term Needs?
As always, we refer you to the EQUITY FUNDAMENTALS section of this web site to drill down further in helping determine potential motivation as Sellers, Buyers, Lenders, Exchangers etc.; coupled with “What You Can Do To Help Make a Transaction Happen.
Markets and circumstances are forever in motion. Are our actions keeping up with this changing process?