Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 3 months ago on .

User Stats

1
Posts
1
Votes
Vasant Jadhav
  • New to Real Estate
  • Fremont
1
Votes |
1
Posts

Need advise on Pre-Construction Home Purchase Safety: Legal & Financial Protection

Vasant Jadhav
  • New to Real Estate
  • Fremont
Posted

I'm considering buying a pre-construction home in East Bay, CA. known person from long time, now he becomes a developer. Developer (new to construction) plan to build 5 homes, they have city approvals and permits, with groundwork in-progress and will be ready for foundation/slab work in 2 weeks. They're requesting 20% down payment for my selected lot.

Concerns I have, (I do not know how its works in case project goes south)

Land Payment: Developer paid 70% of land price during the purchase, remaining 30% + interest to seller from profits (seller has priority). Property registered under LLC which is owned by developer, however he mentioned he need to give remaining money and interest to previous seller first - I am not sure this impacts my purchasing scenario.

Key Questions:

1. What specific clauses needed in Purchase Agreement to protect my investment? (escrow/property segregation rights)

2. How to protect against Developer's LLC bankruptcy? even I know him from long time, how to protect my money If I give it to LLC/him.

3. Legal Separation Needs: (for any reason if other houses have a dispute or litigation with developer, is it impacting my constructions as well?) How to legally separate my lot from other properties?

Looking for experienced advice on these specific protections. Thank you!