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Updated about 8 years ago,
Determining a future lease price
Here's the situation. We (landlord) are entering into a long term ground lease with a tenant. The state charges a transfer tax onleases if they are 30 years or greater. So in order to avoid the tax, we are going to enter into a lease for 29 years 11 months and then give them options thereafter. We were told that setting a price on the option may result in the transaction being deemed a transfer. If that is the case, how would you recommend a price be determined after the 29 years are up? We have already agreed on the lease amounts up to that point. Would you suggest having two appraisers each provide a value and then take the average?
Edit: When I mentioned appraisals, I meant to say that we indicate on the option (after 29 years) that the lease amount shall be determined based on the appraisals so as to avoid having a specific amount listed on the lease.