Developer Offer to SWAP old property for NEW property

Discussion in 'The Buying & Selling Process' started by Shaq_01, 5th Oct, 2016.

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  1. Shaq_01

    Shaq_01 Active Member

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    Well offer meeting is organised for weekend after this. Lets see what they day
     
  2. Shaq_01

    Shaq_01 Active Member

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    This 75% rule is coming in Nov 30 from what i understand.
     
  3. Depreciator

    Depreciator Well-Known Member

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    Be sure to report back. This scenario is going to become common in Sydney - lots of older, smaller blocks will be targeted by developers. I have flats in three buildings like this, one of them in particular would be great development site.
    Whatever offer the developer comes back with will be in their best interest. The swap deal is great for them because they effectively get the site without having to cough up any money - all they have to give is a promise.
     
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  4. Scott No Mates

    Scott No Mates Well-Known Member

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    All the more of a concern if they don't have to provide any of their own capital/feel some pain.
     
  5. Shaq_01

    Shaq_01 Active Member

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    Yep will keep everyone in the loop
     
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  6. Shaq_01

    Shaq_01 Active Member

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    Hi All,

    We had an initial offer over last weekend - they have given us a heads of agreement with an offer of $7400 per sqm

    Verbally others have said $9000 per sqm (other developers)

    We are only beginning the process ...

    @ $7400 no one will sell - its roughly 100k to 150k above what ppl could comfortably sell their apartments for. (not including all costs etc)

    We will likely do a counter offer over the weekend.

    Keeps you guys in the loop
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    No - just reject their offer as too low and let them come back to you. You don't want to put a ceiling on the negotiation too early.
     
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  8. Stewart

    Stewart Member

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    I agree with SNM, there's no need to counter-offer. Just reject their offer as too low. Be sure not to sign any documentation offered to you by the developer - including any heads of agreement or MOU (even if they are described as non-binding). If I were you, I'd do the following:
    • reach an agreement with the existing lot owners. There's no point negotiating unless all owners are prepared to sell for the same price. I assume the total sale price will be divided on a per lot basis between owners.
    • engage a lawyer (to document the agreement between the lot owners) and a property consultant to advise on valuation.
    • There's really no downside to conducting an EOI process to gauge developer interest. Similarly, an auction where all lots are being offered for sale will allow you to control the process and you can walk away if the reserve isn't met.
    As for the proposed swap of new for old, it wouldn't interest me one bit.

    Best of luck. You only ever get to sell once, so make the most of it.
     
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  9. Depreciator

    Depreciator Well-Known Member

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    All great advice. Once you have everybody on board and a common agreement documented, there is nothing stopping you taking the block to the broader market i.e. other developers. Having that in place will make you more attractive to developers.
     
  10. hungusyd

    hungusyd Well-Known Member

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    Cash is King
     
  11. Shaq_01

    Shaq_01 Active Member

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    Hi All

    Had second meeting with developer after we ignored their first offer and never responded back to the cut off date

    New offer is $8000 sqm

    What they are proposing is either cash

    Or cash and an apartment type combo

    Basically most ppl would be hitting 850 - million for properties with market value 600 to 800

    I still think their is room to move up

    Any thoughts
     
  12. Gockie

    Gockie Life is good ☺️ Premium Member

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    My thought is to follow @Stewart's and @Depreciator's advice.
     
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  13. Shaq_01

    Shaq_01 Active Member

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    Hi All,

    Have not updated this thread in a few months .. so the recent news is

    1. just knocked back an offer from developer to buy out each of the 13 apartments (various owners and designs) at roughly 1 million to 1.1 million cash (apartments worth anywhere 650k - 800k each)

    2. second option offered by same developer at our request was apartment swap (like for like) + some cash roughly around 150k or so

    3. The JV offered at our request by this developer was not great ...the end result of the JV would be about 1.2 million or so

    Currently talking to a few other developers ...have stated to them that we are not interested in talking further unless these new developers begin the conversation at 1.3 to 1.4 million
     
  14. wylie

    wylie Moderator Staff Member

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    I'm keen to know how this would work if one apartment is worth $650k and another is worth $800k. Does each owner get an equal share of the total. Or does the one whose apartment is worth more want more?

    The developer is not buying each apartment. They are buying the land under the apartments, so my thought is that whatever is sitting on the block is going to be bulldozed, therefore, the different values of the apartments is out the window.

    We've had a neighbour approach us with a similar question. Are we interested in combining our two blocks to sell to a developer?

    We gone no further at this stage. They need our block more than we need theirs. We are happy to hold long term, but if a great offer comes in, we will certainly consider it.

    An agent confirms our houses (one is brick, one is timber Queenslander) would likely be worth similar if we each sold "as is". However, their land value is slightly higher and the Domain "what is your house worth" puts their house at up to $200k more than ours. That just isn't the case in my opinion, and that of an agent we spoke with.

    So, if they come to us with an offer that we cannot refuse from a developer, I'm guessing they may want more than 50/50.

    The fact Domain puts a considerably higher estimate on their house might make them think it is actually worth more (until they ask a local agent), but the other issue is our house can be bulldozed and theirs cannot be removed from the block. So things really aren't equal.

    I'd be happy to sign up if a developer buys the land under both houses, and we each take half. The developer will either try to get their house off the block, or will have the added expense of renovating an old house and building around it. This is not ideal to any developer and certainly it means their house holds back the price, as the builder will have to spend considerably more working around it than if they got a block that can be cleared.

    I think nothing will come of this, especially as they likely think their house is worth $200k more than it is worth, and they also expect a developer will pay a premium of between 30% and 40% on top of that already inflated value (in their opinion).

    Tell 'em they're dreaming.
     
  15. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Developer swap are OK but bear in mind a CGT event trigger occurs. You can be surrendering property rights for your home for a uncertainty or possible loss if they go broke during the build. You end up as a unsecured creditor for example. And if its hard to reach an agreement to sell its even harder to then also find that what they build is exactly your desired future home.So it can be better to just sell up and buy elsewhere

    At present in Sydney there are stacks of overly optimistic vendors who all think they can get what the market was offering at its peak. The squeeze on developers is tight as they cant make any more $ and costs have escalated. Tighter lending for sales arent helping either.

    One of the best guides is the real estate agent. My son does developer deals for a living and reckons 90% of vendors are dreaming of prices that are not viable. They have friends who are talking them up like a gold rush is on but reality is the numbers are tight for developers in most instances. He reckons 4 out of 5 deals fall over due to one neighbour who is greedy/stupid/arrogant who chases an extra $100 a sqm that isnt there. $300 a m2 can add $1m+ to a developers costs but he cant sell for a dollar more or increase yield. So they walk away over just $40K and lose the $400K extra tax free $ they get from selling to a developer. And then have to live in their house with irate neighbours. In a few instances he has seen the developer opt of of that single block and proceed with other neighbours leaving a isolated neighbour stranded with no ability to sell after that. Tip : Leave negotiation to a property expert. You could negotiate you way into a problem. Using your ears to negotiate is often better than a mouth.
     
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  16. mikey7

    mikey7 Well-Known Member

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    So you're looking to profit between 50k and 400k.
    Not enough. When you go buy something else, stamp duty will be 30k plus - you're no better off. What are the terms/options? Time frame?

    The current offer I have is between 800k- 1.3M more (difference is bank value and REA val). I'm still not happy with it because of various reasons and refuse to sign until it's better terms.
     
  17. Shaq_01

    Shaq_01 Active Member

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    1. We split via unit entitlements - ppls whose apartments are worth more will have more unit entitlements or larger entitlements hence they will get more - hence the range in end price
     
  18. Shaq_01

    Shaq_01 Active Member

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    We are still searching and talking to various developers and considering various options - most recent offer rejected was around the 1 to 1.1 million end value range
     
  19. Shaq_01

    Shaq_01 Active Member

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    Yes - most vendors are unrealistic and yes many developers are having issues.

    We will not walk into a scenario where we are unsecured - one of the requirements is we get security or charge over property that is debt free in a apartment + plus cash scenario until the build is complete

    Also not opposed to the idea of just selling up if the price is right

    Completely agree on the idea that certain ppl are very unsophisticated and ruin very profitable and viable deals due to lack of knowledge and emotive reasons - hopefully I won't fall victim to that but it's very possible

    Agree about the need to acquire experts at the right point or moment
     

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