Land Subdivision - $1.2 Billion Dollar Developer Tells You How To Do It

Land subdivision is a bit like helping Mom slice up her beautiful Apple Pie; it's all so easy, when, like Mom, you've done it a few times. So let's see if we can get the ingredients for a land subdivision correct so you can do it right first time, OK?

Every city or town in the free world has a Town Plan and it comprises, not surprisingly, of plans or maps, usually with lots of different colors all over them, but also lots of words explaining what the colors mean as well as lots of Rules that tell you what you can do with land.

The colors indicate different zonings that your elected Council has decided upon. So say, Residential housing may be Yellow; high density housing like units, condos may be Pink; and industrial Orange, whatever. So you can see at a glance how the town plan is subdivided into land use categories.

Just as you can't build a house anywhere you like, you can't have a farm or a factory in the middle of a residential area either. So the first thing you must do is find out what is the 'Zoning' of the land you own or are thinking of buying. Getting land Rezoned is another issue altogether.

Let's assume your land is zoned for residential housing. The Town Plan will tell you all the requirements you have to undertake for land subdivision. It will tell you the minimum Lot size allowed in a residential subdivision. It will tell you the distance in feet or metres you have to Set-Back each lot from the road, either internal and/or external, as well as the side boundaries of your land.

Now all that seems a bit complicated, but don't worry, there are professional land subdivision experts who will do all this work for you. Depending in what part of the world you come from, you will engage either an Engineer in the USA or a Land Surveyor in Australia, New Zealand, UK or Ireland to prepare you land subdivision plan.

Always engage one who does their main work in your area, because these are the professional where local knowledge is very important. They will know about soil conditions in your area, because they may have done several land subdivisions in the area already and completed soil testing.

They will also know about the provision of utilities like water supply, electricity, gas, telephone. All of these impact on the cost of your development. For example, if water reticulation is not available on your road frontage and the nearest water supply is a mile away, then you may have to pay for the cost of piping water that distance.

It is vital you know this information before you commit yourself to land subdivision costs and so the Engineer or Land Surveyor are very important not only at your investigation stage, but also when you proceed with the land subdivision planning application preparation and lodgment with your Local Authority. These guys will do all that work for you.

So what does all that add up to?

Yes, you should go the Local Authority in your area of the world that handles Town Planning and study their Town Plan. You may even be able to get a photo copy of that area of the plan that concerns your land. Read the local By-Laws about the type of land subdivision you plan to do.

Next, if you don't have a recommendation as to which Engineer or Land Surveyor to use, do as I suggest in my e-book, Residential Development Made Easy, go and interview several of them in your area. Remember, as you are low on experience, the interview is your opportunity to find someone with whom you feel comfortable on a personal level.

Do they 'talk down' to you and treat you as though you're a mug? Are they information givers? Do they explain things to you? What land subdivision are they currently working on? Where is their most recently completed land subdivision?

You don't have the expertise in the profession, so use you own instincts. When you find one that suits you, Do Not start off your relationship, by attempting to haggle over the professional fees he proposed to charge you. If you have interviewed several professional you will know the range of fees charged, BUT you do not know the extent or range of work the firm has to carry out.

So to haggle with a professional based on such skinny information, tells the professional that they should avoid you by a mile. I have developed over $1.2 Billion worth of real estate and have never in my life haggled over a professional fee and the reason is simple.

First: I believe everyone is entitled to a profit from their endeavors, provided they do a good job.

Second: If you land subdivision financial feasibility study is so marginal that you have to save a few thousand dollars by screwing the fees of your professional consultants, then either you have a bad development or you are just a bad employer.

Third: I believe in incentive. I prefer to pay a guy more than he asks. Guess how he performs for me as opposed to clients who don't.

Market Reaching its Peak

I do not profess to "Know" what the real estate market will do in the next year or two, but I would like to share some information with you that might help you in making decisions regarding buying or selling property in today's market. The following information relates to the types of mortgages that are currently being taken out by those who are currently purchasing or refinancing homes. Statistical surveys of the mortgage market shows that the percentage of adjustable rate mortgages comprised over 60% of the loans obtained in the last fiscal quarter. Even though the traditional 30 year mortgage is still very low in terms of historical comparison, buyers and homeowners that are currently buying or refinancing are electing to go with the adjustable rate almost two thirds of the time. Does that mean that they expect interest rates to go down even more, or is it because they can no longer afford the fixed interest rate, and believe that obtaining the adjustable rate is better than not buying or refinancing at all?

The real estate values in the previous five years have been largely impacted by interest rate reductions. As mortgage rates have declined, home prices have dramatically increased, with home prices doubling in the last five years. By far, the majority of the loans originated in the last five years were 30 year fixed rate loans. Within the last 12 months, that has dramatically changed.

Things To Consider Before Buying a Condo Hotel or Resort Residence

Resort home ownership, such as condo hotels and fractional shares is different from typical home ownership. So it is important to ask certain questions before signing the purchase agreement on a resort property. The following list of questions typically applies to most types of resort property ownership unless otherwise noted.

Pricing and Initial Purchase

-Is the price negotiable and do you need to purchase through a certain company or representative? Who gets a commission off the sale? Some properties have a small percentage of flexibility in price while others are basically set in stone. This will usually be determined by demand, as well as overall policy of the developer or management company. Also, if you know who stands to profit from the sale and how much, it could help you in your negotiations.

-Is the property already completed or is it in pre-construction?

This question is important because the answer will likely affect the price of the unit. Many properties in the beginning stages of development will be sold at a discount to attract buyers, but as it becomes a more certain investment or units increase in demand, the price will go up.

-If the property is in pre-construction, when will it be completed and what will the overall property look like?

You may be anxious to get into your unit or have a certain occasion in mind. If completion is two years out, you may not want to wait. Also, a property in the early stages may look great to someone who wants a small facility with a low-key, less populated atmosphere. But there may be plans for hundreds or even thousands of additional units and large clubhouses, retail areas or other features that will draw many people. If you plan to keep your property for many years, you want to be sure it will fit your needs when it is finished.

-How many other owners are there?

This question is important for those considering purchases of fractionals. The price and amount of time available each year will depend on the number of other ownership opportunities offered in the particular unit. More than eight or ten other owners will make competition for primetime more difficult.

-What type of financing is available for this type of property in general and for this specific development?

Both condo hotels and fractionals are considered timeshare properties. Even if they are viewed as a second home, the bank considers all three types of properties discussed here as a secondary obligation - one that is less important than your primary home mortgage. As a result, you may have to pay 10 or 20 % down and the rate may be higher than a traditional home loan.

Some developers offer financing, which can be helpful, but be sure you understand the details. Some may require a smaller amount down, but will ask for a large payment upon taking possession of the unit. This arrangement may be fine with you, but you don't want any surprises.

Another financing option is to take out a second mortgage on the equity in your existing home. If you choose this route, be sure the interest rate does not make it much more expensive in the long run. Also, you need to be aware that if you use a home equity loan to finance your purchase, you have only 90 days to refinance to a regular mortgage.

Information About the Management

-Who are the developers? Who will manage the property?

The first question will be important in determining the quality and reputation of the property. The second question will help determine if the management organization is well-known, professional, and likely to increase your rental income or resale value. These two questions are critical from an investment perspective.

Costs Associated With Ongoing Ownership

-What are the ongoing costs and who pays for them? Is there an annual membership fee?

There will typically be costs for insurance, real estate taxes, and improvement of the facilities. Although owners generally pay for these items, especially in a condo hotel setting, it is still important to ask. Other expenses to verify include housekeeping, marketing, administrative and general maintenance of the property. These are usually paid by the facility but one shouldn't assume this is the case.

Rental Plan & Income Generated

-Is there a rental program and is it voluntary?

You will want to know if you can choose whether or not to participate in a rental program. This is true for all properties as some hotel residences and fractionals also offer this option as a means of generating income.

-How is the property marketed and does it have a history of success or features that will make it competitive in the vacation rental market? If you plan on receiving rental income from your property when you are not there, it is important to find out what the management's experience and approach is. Somebody like Hilton or Four Seasons has a reputation for luxury and good service and will likely attract more renters than an unknown management company. In addition, if the property has a popular restaurant, is located near a convention center, shopping area or other facility that will draw people in, you are more likely to find interested renters on a regular basis.

It is important to note that due to the unknowns involved in marketing and renting vacation properties, you should not count on rental income to cover the costs of ownership. Instead, experts recommend that you view this income as a bonus, if and when it is paid to you. The main consideration should be finding a property that you enjoy and will use.

-How is rental income distributed?

Gain a clear understanding of the percentage of rental income that will come to you, as well as any fees or charges that will come out first, such as furniture and decorating charges, and savings accounts for replacement of items. Some properties offer a better ratio than others.

Availability and Usage

-How often can you use the property? How long can you stay? How do you reserve time and how far in advance do you need to notify someone? These will be important questions for condo hotel and fractional owners. But even in a hotel residence, you may need to call ahead to let someone know you are coming. Otherwise, your place may not be cleaned and stocked with supplies.

-What if you want to cancel your time or reschedule? How far in advance do you need to let someone know? Is there a penalty? Can your friends and family use your allotted time if you're not able to?

For condo hotel and fractionals owners, the guidelines that dictate what happens when you can't be at the property are as important as those for when you are using the unit. Be sure there is plenty of flexibility so that you can easily make adjustments and get the most out of your property without being penalized unnecessarily.

-Are there other properties in the same management group that you can use? Some properties are managed by companies that have other properties available for you to use as an alternative. This can be an ideal feature, especially if you like to travel or want to share your available property time with family and friends.

Amenities and Services

-What amenities and services are available for residents and what do they cost?

As was mentioned in the previous chapter, it is important to have a full understanding of the services and amenities offered and the charge, if any. Some properties seem less expensive at first, but if you find that you will have to pay for things such as laundry, maid service, and furniture, appliance and decorating upgrades, the price doesn't seem so great anymore.

Be sure you know the actual price it will cost you to get the unit with the furnishing you want and the services you use on a regular basis. These expenses are all part of the overall cost of a property.

If You No Longer Want the Property

-What if you change your mind about the purchase?

In response to high pressure sell tactics of some standard timeshare properties, the State of Florida enacted a rescission law that allows you to change your mind about your purchase within a certain timeframe. If purchasing a new property, you have 15 days to change your mind and receive your deposit back. On a resale unit, the timeframe is 3 days.

-Can I sell or transfer ownership of my property, and if so, are there restrictions or penalties?

There may come a time when you want to sell your property or give it to your children. It is important to know the rules about this before you purchase. Some properties may say that you can only transfer ownership to family members. Others may require you to list the unit through the management company. You may also be required to own the property for a certain amount of time before you can sell. It is important to ask these questions before purchasing.

-What is the resale value of the property?

In general, the types of ownership we have described have good resale value and are typically much better than that of standard timeshares. Of the three, fractionals are the most questionable when it comes to resale, but the risk can be greatly minimized if you pick an exclusive property with a well-known management company.

The resale value of your particular property will depend on several factors, including the reputation of the management company, the number of other similar properties available in your area, the condition of the property at the time of sale, the overall real estate market, and the popularity of your location. Some of these things can't be predicted, but if you do your research it will help you to select a property with high resale value.

This list of questions covers many of the different aspects and issues associated with these innovative forms of resort property ownership. There likely will be other questions you want to ask as you become involved in the process. It is a good idea to enlist the services of a reputable real estate attorney or agent who is familiar with the specifics of condo hotels, fractionals, and hotel residence purchases. It may cost you a bit more, but could end up saving you thousands in the end and can provide you with the peace of mind and freedom to enjoy the experience and to feel satisfied with the process and the terms of the final purchase.


By Leon Altman

The 5 Biggest Mistakes Made When Getting A Business Appraised

Most business owners will, at some point, want or need to know how much their business is worth. They will be faced with the task of finding someone to perform a business appraisal or valuation. Since this is unfamiliar territory, the owners often make some big mistakes.

Mistake #1 - Automatically Hiring Your Existing CPA Firm

Business owners often assume that all CPAs are competent in business valuation. In fact, many CPAs have very little or no business valuation experience or training. Don't expect your CPA firm to tell you if they are not proficient in this area. Firms are often reluctant to; turn down additional revenue, admit their lack of expertise, and refer you to a competitor.

Ask your CPA firm if they have any staff that are credentialed and experienced in business valuation. Then get an anonymous list of their prior business valuations by business size and type. Don't be too concerned if they have not valued a company in your same industry. Regular and recent business valuation experience is much more important. If they don't have adequate business valuation experience, ask if they would recommend a firm that does.

Mistake #2 - Automatically Hiring a Referred Professional

Referrals mean different things to different people, so you must ask on what basis it is being given. If it based on a brief meeting at a networking event, then don't give it much weight. Referrals based on reputation alone are only slightly better. Seek referrals based on first-hand dealings with the referred professional. All referrals, even high quality ones, need to be evaluated further to determine their business valuation competence.

Mistake #3 - Using Rule of Thumb Formulas

Many business owners believe there is some secret formula that can be used to accurately value their business. There are many rules of thumb and they are not a secret. Rules of thumb can be useful to get a "quick and dirty" estimate, but they have some serious flaws. No one really knows the quality and the quantity of the data on which they are based. The formulas typically use multiples that are expressed in ranges (like 1 to 2 times annual sales) that result in widely varying values. The formulas provide no guidance on how to select an appropriate number within that range. Most importantly, these formulas do not account for the unique characteristics and factors that affect the value of a specific business. If a business valuation will be given to third parties or subject to dispute, rule of thumb formulas just won't stand up to the scrutiny.

Mistake #4 - Paying Too Little

Business valuations typically cost thousands of dollars. In an attempt to save money business owners often look to get one on the cheap. There are a number of sources on the Internet that will value a business for substantially less cost. The old adage - you get what you pay for - applies here. These services use various formulas, proprietary data, checklists, and etc. to arrive at an estimate. Some even come with rather impressive looking reports. In general, these services are just high-priced, dressed-up rule of thumb formulas.

Mistake # 5 - Paying Too Much

Business valuation firms often set minimum fees and limit the levels of service without regard to the cost restraints of smaller companies. By omitting some valuation procedures that typically aren't relevant to smaller businesses and preparing summary-style reports, firms can legitimately and significantly reduce the cost of a business valuation. A high cost, full scope business valuation is often overkill for a small businesses. Look for a firm that can match your needs more closely to save money. Fees can vary greatly so it pays to shop around. Seek the best professional for the best price, not necessarily the lowest price.

By taking the time to do some basic research business owners can avoid these mistakes, hire a competent business valuation professional, and get the most value for their money.

By David Coffman

What is a Loft Apartment?

What is a loft apartment? At the most basic level a loft apartment differs from a regular apartment because of the open layout. Lofts are open floor plans with few if any walls separating the living, dining, living and sleeping areas. The open floor plan of a loft gives it a stylish look that many residents enjoy.

In general loft apartments are older buildings that were once commercial properties. In the last 5-10 years many historic and industrial buildings that were once vacant, have now been converted into upscale loft apartments. The development of loft apartments has been a boost to local economies, revitalized downtown areas, and brought new life to historic districts.

Lofts are normally 4 to 12 story buildings, with sometimes higher than average ceilings. Large windows are often a feature of lofts and the interiors are designed to provide the occupants maximum access to exterior light.

Interior layout and design are usually a important key feature of loft apartments. Many lofts have hardwood floors, natural brick walls and exposed ceiling beams. Particular attention is also paid to hardware details such as fixtures and lighting.

Many loft apartments are located near business, nightlife and entertainment areas. Because of the urban locations loft apartments are often favored by young professionals and business people. The luxury of loft apartments also appeals to the style conscious and art enthusiasts.

In New York City there are many lofts in the Soho, Tribeca and Chelsea districts. Some lofts especially in arts districts have tenancy regulations such as status as a full-time artist. There are also many loft apartments of other major US Cities, such as Chicago, St. Louis, Houston and Dallas.

By Diane Sims

Dead Deals and Recycled Reports

Everyone knows that at the end of a home inspection, a report is generated that outlines the findings of the home inspector. But did you know that this is not intended to be a "hit list" of negatives? Us home inspectors do what we do in order to objectively describe the home. This is not the place for emotion, rather a simple stating of the facts. Homes do not pass or fail inspections, they merely describe the strengths or weakness.

Inspections are also not intended to favor buyer or seller. In fact, the greatest flattery an inspector can receive is for the seller of a recently inspected home to call the same inspector to inspect their next home. This action tells all that the inspector discovered every defect known to the seller, discussed and documented those defects in a fair and objective manner. Furthermore, any unknowns discovered were likewise handled with objective fairness. This outcome should be the inspector's goal for every inspection.

Sometimes situations do arise where the person who contracted for the home inspection chooses not to or is unable to complete the transaction. When a new buyer is found, it is a common thought to use the previous report as a decision tool for this new buyer.

This is an extremely dangerous practice!

This is among the prime reasons that nearly all inspectors stipulate in their inspection agreement that the home inspection is considered a confidential communication between buyer and inspector.

Why do inspectors feel so strongly about this particular piece of the issue? Primarily because?

The written inspection document is not the complete home inspection experience!

What? How can this be?

Because, the written document only supports the observations and dialogs exchanged by all parties at the inspection. While it is certainly correct that all that is written in the report and all that is said at the inspection should be consistent, the total understanding by the buyer of the inspection comes from blending the observed with the spoken and with the written.

A new buyer viewing only the written portion of the inspection is missing much in the understanding, perspective, and context of the total inspection experience. This is a high-risk practice and should always be avoided.

Old Reports for New Buyers. When the original buyer leaves the transaction, generally the inspection report goes with that buyer. Because of the issues of confidentiality and, just as importantly, the completeness of understanding by the new buyer, a new inspection should be ordered.

However, in some cases, the original buyer, being the kind and decent souls that they are, will sometimes give the now "useless" report to the agent, who now has another party interested in the home. How wonderful! More often, however, the original buyer of the home inspection does not know of the report handoff.

The agent and the new buyer can now use the old report as a decision tool, and all without expense. The agent is a hero to the new buyer!

Yikes! No one told the new buyer about confidentiality, or about completeness of the inspection report and experience. But, even more importantly, no one told the new buyer that there is another key reason not to engage in such a practice - things change!

An inspection report is a snapshot in time of the observable conditions of the home. That picture can change in an instant!

Things do happen to homes. Should the roof now leak or the air-conditioning now not cool, this would be an unknown to the buyer. Whether or not the seller knew is a whole other issue.

The buyer, after taking possession of the home and discovering the failure and expense to repair of failing systems, has been harmed by the lack of documentation of defect in the written inspection report. When people feel harmed, they seek relief.

When such is the case, most buyers will initially seek relief from the home inspector. Several problems exist is seeking relief from this source. Among the problems is the fact that the home inspector did not miss the failed systems, they were functioning as intended and correctly described at the time of inspection of the written report.

Next among the problems for the new buyer in seeking relief from the original inspector is that the new buyer is not the customer with whom the inspector had the complete inspection experience and confidential agreement. Nope, there is no relief forthcoming from this inspector.

Advice For Agents. So now, where does the harmed, and getting hotter all the time, homeowner go for relief? The agent of course! That seems rotten and unreasonable; the agent did their buyer a favor! But, it was usually the real estate agent who improperly provided the previous inspection report. Worse yet, in many cases, it turns out that the complete written report was not provided, only a summary. This always goes badly for the agent!

Not only is the homeowner mad at the agent, but also the potential exists for the original buyer to discover that their report has been shared with a new buyer. If there was no permission to do this, that original buyer is typically very upset with the agent. This original buyer paid for the report and now feels betrayed by the agent. More bad news for the agent!

In the situation where the agent is still working with the original buyer for a different home than inspected, I have seen the buyer so upset with the agent that they have terminated that relationship. Strangely enough, they stayed with the same home inspector. Relationships in real estate are about trust, and giving away someone's report is a great way to lose that trust.

So now, the agent has on one hand an aggravated homeowner that wants to be compensated, and on the other hand has just lost a potential buyer. That looks like money going out and nothing coming in! This is not a good business situation. Ultimately, sharing home inspection reports with multiple customers is not a good business practice.

This subject and more about the interactions and relationships in real estate are discussed in Wally Conway's book, "Secrets of the Happy Home Inspector", available at GoHomePro.com or Amazon.com. As a speaker, writer, instructor, and host of The Happy Home Inspector radio show every Saturday at 3 PM on WOKV 690, Wally blends the right amount of up-to-date information with just the right amount of humor, insight, motivation, and real-world application. Visit WallyConway.com or GoHomePro.com for more information!

You Dont Need Health Insurance!

Seems almost every situation in our lives is centered on communication. Good or bad, the way we express our thoughts, wants, and needs to each other determines how we live, love, and learn together.

As a guy who is a regular on the seminar circuit, does a live radio show, an HGTV television show, writes books, columns, and articles, and all the while runs a thriving home inspection company, I get to do a great amount of communicating. Some of that communication is by transmitting; some of it is by receiving. After much reflection, I have come to the conclusion that nothing is learned when we transmit, but great gains come from receiving. That is to say, we learn when we listen, not when we speak.

Not a day goes by that I am not listening to Realtors. Most days I listen to more than a few, some days more than a dozen, and on occasion, I listen to hundreds at a single seminar sitting. The things Realtors tell me help me get better. Better at home inspecting, better at dealing with customers, better on the radio, just better at every aspect of my professional life! But all that input is not without moments. Those moments range from the amazing to the zealous, sad to humorous, and brilliant to well, less than brilliant!

One of my favorite Realtor quotes follow, complete with my thoughts and commentary. A disclaimer before we begin, if this particular quote sounds like you, know that none of what follows is from a single source, but representative of things I hear on a near daily basis.

"You don't need a home inspection, you're getting a home warranty".

Seems to make sense to some that if items are warranted, their condition is of little importance. But among the problems with this thought are:



All items that might fail may not be warranted, and

Items presently not functioning would be exempted from coverage as an existing problem.

When explaining the relationship of the home inspection to the home warranty, consider the home inspection to be a physical exam and the warranty to be health insurance. Would you ever expect to hear someone say, "you don't need a physical exam, you've got health insurance"? Doesn't seem to make much sense, does it? That is essentially what we are saying to our customers with the "you don't need a home inspection, you are getting a home warranty" comment!

Let's flip it around now. How about "you don't need a home warranty, you are getting a home inspection". Here's the medical equivalent, "you don't need health insurance, you just had a physical exam"!

Insane!

In so many instances, when I have been able to explain a new or complex home related issue to a customer in equivalent medical terms, they suddenly get it. They seem to understand and are now comfortable. Clearly, most homebuyers are not in the medical profession, but the language is familiar to them. Must be from watching ER or Marcus Welby reruns!

So be clear in your communications with your customers. Be ready and able to clearly articulate a compelling argument for anything you wish to say. And above all, EDUCATE your customers. Educate them on why they need a home inspection, a home warranty, or whatever the subject is. Teach them how to choose a qualified home inspector. Teach them how to make a good decision on any real estate subject or issue. They will love you for it!

This subject and more about the interactions and relationships in real estate are discussed in Wally Conway's book, "Secrets of the Happy Home Inspector", available at GoHomePro.com or Amazon.com. As a speaker, writer, instructor, and host of The Happy Home Inspector radio show every Saturday at 3 PM on WOKV 690, Wally blends the right amount of up-to-date information with just the right amount of humor, insight, motivation, and real-world application.