The landowner must check the structure of the payment of the counter-performance of sale. The landowner could try to bind a developer to a conditional sales contract that will impose an obligation on the developer to purchase the land when the planning is available. But there are also risks for the developer. What happens if the landowner has a change in attitude or, for whatever reason, cannot proceed with the agreement? The developer will reasonably want to protect the non-negligible expenses in case things go wrong. Most of the text of the treaty protects the promoter, whose money and time are threatened. Therefore, it is likely that it is the developer who buys and enters into this agreement, not the landowner. Developers will want to ensure that the obligation for the land owner to pay the developer`s share is effectively ensured, as without sufficient security, the obligation for the land owner to bear these costs and pay the share of net sales revenues to the developer may be worthless. The obligation for a landowner to pay the developer`s share as soon as the land has been sold with the satisfactory building permit can be ensured by a developer who will assume a first royalty for the property after the exchange of the land development agreement. The legal fee must ensure that it contains a clear refund date or trigger for payment from the organizer. A careful thought that a developer needs to think about is what happens when the landowner violates the landowner`s obligations in the focière aid agreement, for example, the landowner might refuse to sell the land once the planning has been approved, or delay a sale because they feel a delay in the sale will have a higher price. In these cases, the developer must ensure that security is applicable in order to be able to sell the land and recover its share of the proceeds of the sale. Instead of a simple land purchase transaction, a transport agreement could be seen as a kind of joint venture between the landowner and the developer, with the common goal of maximizing the value of the land for the benefit of both parties.
Land development agreements, sometimes referred to as planning assistance agreements, are an increasingly common way for landowners to obtain the expertise and financial assistance they need to obtain building permits for development on their own land. In recent years, we have seen an increase in the use of land aid agreements, mainly due to pressure on some pockets of countryside to move forward for future development. After the publication of my article in the previous newsletter, I received several questions about some of the types of agreements I was referring to, and in this article I intend to continue to pay attention to land aid agreements. Once the building permit is obtained, the organizer sets up a set of detailed information and ensures that the site is “ready to shovel” before being put up for sale. Because so many risks have been eliminated and on-site construction can begin quickly, developers are willing to pay a premium. Marketing websites in this way helps to ensure the best possible value for the owner of the land. The main concern of most landowners is that their land will be tied for a long time. The document alleviates this fear by providing for a reasonable period of time, which can be extended in various specific circumstances and external events. Promotional agreements are usually entered into by a “developer” and not by a home builder.
As part of a promotion agreement, the developer (promoter) first uses his expertise to promote the land or land for development in general within the framework of the local urban master plan, then applies for the building permit, then secures the building permit. The building permit would generally be applicable in the form of a development project coordinated with the owner of the land – of course, it must be viable and appropriate for both parties.