Promotion Agreement V Option Agreement

Gepostet von am Dez 15, 2020 in Allgemein | Keine Kommentare

Under a promotion agreement, the developer can avoid paying the option fee or non-refundable surety – a nice benefit if he sits on the same side of the bargaining table as the landowner. However, it would be customary for the developer to cover the legal costs of the landowner when the promotion contract is concluded – which is similar to option contracts. If you have mature land for development, how are you going to get the best possible return on its value? If you don`t have experience in design and construction, you`ll probably need the expertise of a professional developer to increase the value of the land. The two most common ways to organize it are an option or promotion agreement. Everyone has advantages and risks, and specialized legal advice is essential to make the right choice and ensure that a well-developed agreement is reached to protect your interests. Reaching an agreement with a developer or developer can be an effective way for individuals to release additional value from their country, especially if they don`t have the time, experience or money to fund the promotion and planning process themselves. If both agreements are well negotiated, they can achieve a satisfactory result. However, consideration should be given to the particular circumstances of the land, its location, the characteristics of the local market and the planning legacy of the area in deciding on the best approach, which is why it is always useful to have professional advice. A „liquid“ land aid agreement does NOT lead to a stamp duty (hoorah!). In fact, most transportation agreements are not „cash“ agreements, which may be subject to stamp duty depending on the structure of the transaction, particularly when they fall under Section 44A of the Finance Act 2003. In order to ensure that the transport agreement is properly structured to avoid the LTDS legally or if the structure of the contract is unavoidable, these costs will be taken into account in the agreement between the parties. What are the main pros and cons of any type of agreement? To address this deficiency, overcharged provisions are included in the option agreements to achieve the added value resulting from an additional building permit obtained after the option is exercised. This is especially useful when the developer obtains successive planning permissions in stages.

A transportation agreement allows the developer, once a satisfactory building permit for the landowner has been issued, both for the landowner and for the developer, that the developer may compel the landowner to sell the land, as a rule as long as certain conditions are met. For example, the landowner may require a minimum price to be met before being forced to sell. This may be a disadvantage for the landowner if he is forced to sell to a developer who may not be their preferred bidder or at a time when greater economic influences can drive down the price (albeit with the „minimum price“ safety net). For the landowner, an option contract can often guarantee a down payment and obtain a strong commitment from the developer to look for ways to purchase and develop the land after the building permit. Here at Newmanor Law, we have experienced real estate lawyers you need to talk to before you create, so if you have land for sale or if you want to develop a website, please contact Karen Mason on (0)20 7464 4081 or by email The only certainty to approach the agreement is the need for a clear and specialized consultation.