Frequently
Asked Questions (FAQs)
Regarding Preconstruction Development and Investment
Question:
What is Pre construction?
Answer: Pre
construction is the opportunity to join a fellow group of
investors in an effort to finance the development of real estate.
Question:
What are the benefits of buying Pre construction?
Answer: The
buyer benefits in several ways:
- First,
the price is lower than the current value of similar property
(developer cost is similar to buying wholesale because sky
and paper are harder to sell than concrete and steel).
- Second,
the appreciation that takes place while the building is under
construction constitutes profit (a condominium assembled is
worth more than condominium not yet assembled). The property
appreciation that takes place while under construction is also
significant (16% for condominiums in 2002.)
- Finally,
the tax benefits and lack of out of pocket expense due to the
financing methods available make this the best investment real
estate has to offer.
Question: How
do I reserve a condominium?
Answer: A
simple reservation agreement can usually be signed with a
letter of credit for 15-20%.
Question: What
is the letter of credit?
Answer: A
letter from the bank stating the recipient is capable of
buying said condominium.
Question:
What does the letter of credit cost?
Answer: A
lending institution will generally charge 1% annually for
the amount of the letter.
Question: Must
I use a letter of credit for reservation?
Answer: No,
cash payment may be substituted for the letter of credit.
Question: Do
I earn interest on my cash deposit?
Answer: Yes,
the funds are invested in a pass book account. Any interest
paid on the account is applied to the purchase.
Question: Who
holds the deposit money?
Answer: An
escrow agent of the developer holds the money. (Usually a title
company)
Question: What
format of the letter of credit is used?
Answer: The
developer generally provides a format for the letter that
must be used.
Question: What
is hard contract?
Answer: When
enough units are sold and the developer is applying for a
construction loan, you will be asked to go to hard contract.
A hard contract
is the binding agreement that converts the reservation to
a sale. When the contract is signed, generally you have 7 days
to review
the offering and make your decision in proceeding with the
purchase. (Note) There will come a time, during the offering,
that you
will go directly to hard contract. This usually happens after
some short time during the selling process.
Question: When
does the construction start?
Answer: Construction
will commence once the developer has sold a number of units
(usually 80-90%) and will fund the construction loan.
Question: What
does need not be built mean?
Answer: This
means the developer is allowed to pre sell the condominium,
which has not been constructed. It also means that it may not
be built
if all permits and approvals are not met. In this unlikely
event, the purchaser is protected under law.
Question: What
happens if the building is not built, at no fault of the
purchaser?
Answer: Your
deposit will be refunded with interest or your letter of
credit will expire and not be called.
Question: How
long is the construction period?
Answer: Generally,
it takes 1.5 to 2 years to complete.
Question: How
much profit should I expect?
Answer: It
depends on the general market conditions, interest rates,
and competition. In the past few years, profits have ranged from
$10,000 to $50,000 on average, peaking at over $100,000.
Question: Can
I sell before closing?
Answer: Yes, in which case, the developer
allows a new purchaser to take over your contract. The
new purchaser must come under the
same pre-construction purchase and escrow agreement as the first buyer.
Question: What
happens if I sell my unit prior to closing?
Answer: The
developer will collect a deposit from a new purchaser to
assume the existing contract. The new buyer then steps
into place to
close and your deposit will be returned with interest.
Question: Do
I have to close on the unit if I have not sold it prior to
closing?
Answer: Yes,
if you choose not to sell your unit, you are expected to
close.
Question: Can
I reinvest my 1031 into pre construction?
Answer: No,
because of the length of construction for a condominium,
the guidelines for the exchange are not met.
Question: Are
there any costs related to the sale?
Answer: Yes,
you will be responsible for some closing expenses such as
title insurance, funding of the association, insurance,
reserves, etc.
These charges will be outlined in a Good Faith Estimate provided
by the selling agency, and in the developers offering statement.
Question: Are
there any other contingencies, such as financing?
Answer: No,
the sale is not subject to financing.