I'm a realtor taking a commercial listing where the buyer wants to give up equity to a speculative investors or partners to build out a higher market value property. He has architectural drawings, but doesn't have the financial means to fulfill them. He bought the property when it was a bad area and the buildings were condemned. Now the area is trendy and multi million dollar projects are happening right across the street.
How would you describe this alternative transaction listing? Does anybody have a similar experience.
I think you mean the SELLER. Did this original buyer that now is the seller close on the property and owns it or do they have an option they keep extending on a purchase and sale agreement?
It sounds like the seller is looking for a larger developer to do a JOINT VENTURE on. The seller provides the dirt and gets either some cash upfront and then equity percent upside, straight equity, or a straight land sale. When looking to do a JV with a developer partner the land owner has to be really careful who they partner with. The developer has to have the means to be able to pull off the project or the equity is never realized. Lot's of moving parts that can go wrong. A seller if they do contemplate a JV tend to like to get most of their money upfront and then and equity percentage on the back end that is typically smaller. In this way the seller gets a nice payoff upfront and then if they project never makes it then it was just icing on the cake and not the cake. Make sure the seller has a commercial attorney to negotiate any JV agreement.
You need to look at your listing agreement to see what constitutes a commission owed and when the fee is deemed earned. If the language is too lose then can try and back load your commission due over time.
No legal advice given.
Thanks Joel, I'll be searching for a local commercial attorney.