At What Point in Land Subdividing Process Can You Sell the Lots?

At What Point in Land Subdividing Process Can You Sell the Lots?

Developer · Austin, TX · Member since 2020 · 6 posts · 0 votes

One thing I'm trying to understand before doing my first raw land development - subdivision deal is at what point in the process are you first allowed to sell the lots. That seems like it would be an important factor in understanding the entire timeline and your exit strategy - to know when it is you can sell the individual lots.


Specifically when is the earliest part in the process end consumers can put them under contract and if those clients have traditional financing would you typically need to have your final plat recorded before they can close?

For some context, I'm learning about land development preparing to do my first deal while I work a day job where my clients are purchasing lots from developers all the time. I sell new construction manufactured homes where very commonly they're purchasing it with land at the same time.

For example, see below two advertisements for newly subdivided land that typically marks when we start selling these to individual clients. Do you believe the land developers are putting these out at the preliminary plat approval stage?

That's what it looks like to me. Then if so, isn't there a chance that you don't get final plat approval and then what would happen then?

Thanks everyone for your help!! Its a lot of work preparing to properly do your first deal I'm trying to get a clear understanding of this process. 

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  • Developer · Austin, TX · Member since 2020 · 6 posts · 0 votes
    5y

    NOTE: I found in one of the counties I'm going to be active in this following note:

    3.6 FINAL PLAT REQUIREMENTS AND PROCEDURES
    A) The Final Plat is a legal document defining the physical configuration and rules governing development
    and operation of a Subdivision. The Final Plat shall be approved and recorded prior to the sale of any
    subdivision lots,
    or commencement of

    Would that mean they are just not able to close before the Final Plat is approved?


  • Developer · Charlottesville, VA · Member since 2018 · 4k+ posts · 4k+ votes
    5y
    Originally posted by @Zachary Cook:

    One thing I'm trying to understand before doing my first raw land development - subdivision deal is at what point in the process are you first allowed to sell the lots. That seems like it would be an important factor in understanding the entire timeline and your exit strategy - to know when it is you can sell the individual lots.


    Specifically when is the earliest part in the process end consumers can put them under contract and if those clients have traditional financing would you typically need to have your final plat recorded before they can close?

    For some context, I'm learning about land development preparing to do my first deal while I work a day job where my clients are purchasing lots from developers all the time. I sell new construction manufactured homes where very commonly they're purchasing it with land at the same time.

    For example, see below two advertisements for newly subdivided land that typically marks when we start selling these to individual clients. Do you believe the land developers are putting these out at the preliminary plat approval stage?

    That's what it looks like to me. Then if so, isn't there a chance that you don't get final plat approval and then what would happen then?

    Thanks everyone for your help!! Its a lot of work preparing to properly do your first deal I'm trying to get a clear understanding of this process. 

    Correct. You can not convey individual parcels until the final subdivision plat and parcels have been recorded.You can take non binding reservations which is what we often do as developers with builders or buyers depending on the size of the project.

  • Bear GeigerPro Member
    Developer · Clayton, NC · Member since 2020 · 58 posts · 32 votes
    5y

    Hi Zachary,

    The first thing I will tell you is the rules vary from state to state and from county to county inside the same state. As a developer of raw land, I will tell you the rules in my area and give you a tip that my help you.

    I am working in the Raleigh, NC area but not in the same county where Raleigh is located. We are not able to sell the lots to builders or individual until the final plat is recorded with the Register of Deeds. I think this is true in most (if not all) areas. Also, the steps to get to recording the final plat are different depending on location and type of subdivision.

    MINOR or MAJOR
    Most counties in this area make a distinction between “minor” and “major” subdivisions. If you are building a minor subdivision (usually less than 9 or 10 lots depending on your county) you usually have fewer requirements than a major subdivision.

    MUST or MAY
    Another consideration is what do the county rules say about granting the developer approval for the subdivision. Some counties “MAY approve” and other “MUST approve”. This means that even if you do everything right, a “MAY approve” county can simply turn your project down. In a “MUST approve” county, if you do everything on the list of requirements, they HAVE TO APPROVE the plat.

    CONTRACTS BEFORE PLAT
    One of the problems we are having in our area is we cannot supply our product fast enough (mostly because of government red tape). We have eager builders ready to take down lots, but we don’t have the final plat recorded yet. We don’t want to lose these sales, so what can we do? In our area (check the law in your area) we can put these lots under a fully refundable contract with the builders before we record the lots. In fact, the builders have presale contracts on houses for these lots they do not yet own. And yes, that is legal in NC. Hope this gives you some encouragement to get out there and get started!

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