Advice greatly appreciated on potential deal

Advice greatly appreciated on potential deal

Real Estate Broker · Pennsburg, PA · Member since 2014 · 47 posts · 6 votes

Thanks for taking the time to review this unique situation:

I am currently considering moving forward on the following deal as I feel like it is a slam dunk, but could really use some affirmation before making the leap. I will break down the deal as clear as possible, but realize there may still be some missing info.

Property: 12.5 acre farm on the outskirts of town. The farm consists of an 1860 farmhouse that is a duplex and has been updated with new windows and is in very good condition. Each side of the farmhouse has 2 bedrooms and market rent is 1200-1300 per unit. 


Aside from the farmhouse, there is a 3 bedroom mobile home on a basement foundation that is currently rented and market rent on that home is 1400-1500. Both the mobile home and the farmhouse are connected to a recently installed sand mound septic system. Public utilities are not available at this property. 

There are numerous outbuildings on the property with rental potential. A large bank barn (needs new roof, which I know can be pricey), a three car commercial grade garage, and two other garages. The three car garage is currently rented and the bank barn has a lot of potential to be rented as well.


The current total rent that the property is brining in per month is about $5,000 monthly, with the potential to get in the ballpark of $7,000. The yearly property taxes are $8,000. All of the electric and heat is the responsibility of the tenants. 

The next aspect of the deal is what I am most interested in. This property includes a lot of prime road frontage that has some great views and would be highly desired. Through my research of local zoning, I would be able to subdivide three 2 acre lots off of the total 12.5 acres. Once the subdivision was completed, the lots would be worth a total of $400,000 conservatively, with good possibility of $500,000. I am a real estate broker in the area, so very comfortable on values. After the lots were sold, I would be left with a 6 acre farm bringing in $7,000 per month and have gotten back $500,000 from the sale of the lots. The property would still have a value of $500,000 after the lots were split off. I realize I am leaving out subdivision costs and other factors, but you get the idea. 

With everything above in mind, I am trying to figure out what structure would make the most sense. I believe the owner is going to be open to carrying back a second mortgage if I want to go that route. If I went that route, I would likely pay the balloon payment after the first lot were to sell, which would cover the $120,000 second mortgage. 

Some questions I have:

-Should I be up front with the lender that I want to subdivide and sell lots off? How would that usually play with the lender?

-When I sold the lots, what would the best strategy be with the proceeds to avoid capital gains? 1031 exchange the sales of the lots into a multi family? Pay capital gains and pay off the 2nd mortgage? 

-After splitting lots off, should I sell the farm that has maximized the rents and been cleaned up? The value of the farm would still be $500-550,000 after splitting off the three lots. 

This property has been sitting on the market for a long time, mainly due to the owner being a 93 year old real estate broker that hasn't marketed the property well. I really feel there is a huge opportunity and the deal is a home run, but was hoping I could get some opinions whether this is as much of a slam dunk as I think that it is. 

Any and all input that you care to provide would be greatly appreciated. I apologize for this being rather lengthy and still leaving out other variables, but it is generally pretty accurate. 


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  • Flipper/Rehabber · Phoenix Arizona · Member since 2020 · 1k+ posts · 686 votes
    5y

    Land the deal and get some money and do your dream.

    Do it!

  • Flipper/Rehabber · Phoenix Arizona · Member since 2020 · 1k+ posts · 686 votes
    5y

    If you get in trouble , sell off a couple lots.  Always have an exit if things get bad or ugly.

  • Cincinnati, OH · Member since 2020 · 4k+ posts · 3k+ votes
    5y

    @Jake Engle, to answer your questions:

    Yes, be upfront with the lender.  They have every ability to block the lot split and the sales, since your land is pledged as collateral to their loan.

    I am not a 1031 expert, but I believe the sales would not be eligible for 1031, since the entire intent of the deal is to flip at least part of the property.  Same reason I cannot 1031 a house bought with the intention of flipping.

    Depends on your goals (you also never mention what the initial price tag of the property is).  But if you want to own rentals, with presumably a very low buy-in then keep them and reap the rewards of creating a great deal.  If you don't want to be a landlord, and can sell for a hefty profit, do that.  Or hold on while searching for the next opportunity like this one, and sell when you are ready to pounce on the next thing.

  • Real Estate Broker · Pennsburg, PA · Member since 2014 · 47 posts · 6 votes
    5y

    Thank you @Evan Polaski….. sorry for missing purchase price, but looking to purchase at 600k. I have other rentals and definitely intend to hold the original farm with the 6.5 remaining acres. 

    The property is being purchased as an investment property, so was thinking the sales of the lots would be able to be used in an exchange. If not, am I trapped paying capital gains of every dollar that comes in from the sale of the lots? 

    Thanks for your input! 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    5y

    @Jake Engle, if you develop and sell lots they will not be eligible for 1031 exchanges.  The iRS will treat them as inventory.  

    Why not carve the lots out into a separate purchase with the seller carrying a first mortgage maybe at 100%.  A first mortgage is a win for him rather than being in second place.  He'll still get substantial money from the sale of the rest to you that is conventionally financed.  And you don't have to worry about obtaining a portfolio loan with partial release clauses etc.  Even better, because there will be only one loan on the property you can probably get a 2nd for infrastructure more easily if needed

    The 1031 Investor5137 Reviews
  • Cincinnati, OH · Member since 2020 · 4k+ posts · 3k+ votes
    5y

    @Jake Engle I recommend you find a 1031 expert, there are several on BP.  They could help you better understand if this type of deal would qualify. 

    Even if you can, I will remind you that you need a replacement like-kind asset named within 45 days, and closed within 180.  In this market, finding a like-kind asset that is worth buying at a price acceptable to the seller can be tricky, depending on your pipeline of potential deals.

  • Real Estate Broker · Pennsburg, PA · Member since 2014 · 47 posts · 6 votes
    5y

    Thanks for your input as well @Dave Foster…. I like your idea trying to be creative. I would need to get through the full subdivision process splitting off the 3 lots. I would develop the lots any further than that point and would look to just list and sell. If I went through the subdivision process prior to purchasing, I don’t think seller would have any interest in that.

    So as far as tax strategies go, I am pretty much just going to have to suck it up and pay gains on the sales of the properties? 

    I just feel overall being able to recoup 400k out of the property and still have a property bringing in 6-7,000 per month and a value of 600,000 even after removing the lots is a win win. The tax part is where I’m struggling

  • Member since 2020 · 2 posts · 0 votes
    5y
    Originally posted by @Jake Engle:

    Thanks for your input as well @Dave Foster…. I like your idea trying to be creative. I would need to get through the full subdivision process splitting off the 3 lots. I would develop the lots any further than that point and would look to just list and sell. If I went through the subdivision process prior to purchasing, I don’t think seller would have any interest in that.

    So as far as tax strategies go, I am pretty much just going to have to suck it up and pay gains on the sales of the properties? 

    I just feel overall being able to recoup 400k out of the property and still have a property bringing in 6-7,000 per month and a value of 600,000 even after removing the lots is a win win. The tax part is where I’m struggling

    Any updates? I'm interested in a smaller but very similar deal. SFH on several acres that I'd like to subdivide and sell. Also struggling with the tax aspects. 1031 would be great if possible, but may be in my best interest to hold the other lots a year then sell.

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