Looking for feedback from BP members.

Looking for feedback from BP members.

Contractor · Chebeague Island, ME · Member since 2013 · 68 posts · 14 votes

I am a builder and have negotiated a price for a 3+ acre lot in a highly desirable town here in southern Maine through a private sale. It is 5k less than asking and 15k less than any other building lots in this town. This lot, in my and everyone else's opinion (architect, engineer, real estate agent friends), is at least, if not more, desirable than others available. It is a front lot of a two lot development with a gravel driveway and underground power already installed from the town road. Lot consists of 1/2 fields and 1/2 woods and has excellent solar gain orientation which is most important for high performance, energy efficient building which I specialize in .

The seller, an engineer, is retaining the back 3+ acres for himself, but may consider selling to me if he feels the "front lot development goes well".  He is supportive and excited about energy efficient residential structures and the fact that this is what  I specialize in. My concern is that some of the covenants he is conveying as part of the sale are too restrictive.

I would like to get members opinion on these, the overall potential deal and how best to proceed. If you have any further questions or if I am omitting any pertinent info let me know 

Covenants of concern:

- "Proposed house design to be approved by seller"

- "No stockpiling of materials outside of buildings"

- "No in-home business allowed"

- " Exterior of house, outbuildings and land shall be kept clean and orderly" 

    there are others but they are typical and acceptable.

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Roy N.Pro Member
Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
11y
Originally posted by @Ryan Dossey:

I would not tolerate the no business one. What if your buyer works from home? 

This condition would need to be refined.  Does the seller really mean no business <full stop> or did he envision someone running a moderate traffic business (i.e. hair salon, tailor) or home-based auto-body shop in his front yard?   

What does the local zoning allow ... perhaps this clause is unnecessary.

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  • Investor, Residential Construction · Austin, TX · Member since 2014 · 56 posts · 6 votes
    11y

    As an engineer, I understand the breed.  Tread carefully and consider getting an attorney's opinion.  The owner has the right to add what he wants, but the buy can negotiate or walk away. Some times the great deal falls apart due to the inability of the parties to come together. Engineers tend to be a bit stubborn. It sounds like he has a very well-defined sense of what he wants there. Based on your description already, I would favor potential to renegotiate the terms of use or keep looking.

  • Real Estate Broker · Indianapolis, IN · Member since 2014 · 3k+ posts · 2k+ votes
    11y

    I would not tolerate the no business one. What if your buyer works from home? 

  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    11y
    Originally posted by @Ryan Dossey:

    I would not tolerate the no business one. What if your buyer works from home? 

    This condition would need to be refined.  Does the seller really mean no business <full stop> or did he envision someone running a moderate traffic business (i.e. hair salon, tailor) or home-based auto-body shop in his front yard?   

    What does the local zoning allow ... perhaps this clause is unnecessary.

  • Rental Property Investor · State College, PA · Member since 2013 · 287 posts · 99 votes
    11y

    Clean and orderly mean different things to different people.  Some people consider "clean and orderly' to mean a natural meadow while others feel 3 acres of Kentucky blue grass is clean and orderly.  

    The stockpiling of materials should be better worded.  Does he mean during construction?  If after construction, is one cord of wood considered 'stockpiling' of materials?

    I agree w/ the 'in home business' discussion above. Maybe could be better worded with "A no or low-impact business only", meaning businesses that may be headquartered on the property but do not have high foot traffic and no sign. What if someone runs an online blog from their house? REI business? Online retail w/ drop shipping? Flexible work arrangement?

  • Contractor · Chebeague Island, ME · Member since 2013 · 68 posts · 14 votes
    11y

    Thanks for the input. I have emailed him my position below and await his response.

    I appreciate your reduced asking price and as I have mentioned, I am willing to make a firm commitment at $125k with a P&S and an earnest money deposit but some of the covenants and their wording give me pause. Specifically, the second and the third. I have a problem with "proposed house design to be approved by the seller" as any prudent investor/builder spending 125k on a land purchase and not knowing whether the expense of design work will even work.

    My intentions are to build an approximately 2400s.f.house using the most energy efficient building standard available today. I have already hired the services of a State of Maine Registered Architect who specializes in energy efficiency and together we will be collaborating on a traditional based design. I also have no idea of what you would find acceptable in a house design other than your desire to see house siding of claps or shingles.

    Some of the other covenants of concern that are ambiguous are; "No stockpiling of materials outside the buildings", not sure how a house can get built without doing this. "No in-home business allowed", any business? I can't imagine this would or should apply to a homeowner who has a flexible workplace and can function at home via the internet. "Exterior of house, outbuildings and land kept clean and orderly", I understand the intent but this is rather subjective.

    Bottom line, I understand wanting to protect your interests in the overall development. But as much as we, (myself, partner and architect) think highly of the lot, the above covenants as they are written are a deal breaker. I hope we can work something out.

    Thanks, Geoff

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