What is a real estate development contract?

 

Of all the legal agreements you will have to go through in your lifetime, a real estate development agreement is one of the longest and one of the most complicated. Many of the other forms we have examined here are brief; usually one or two pages and can be completed and read in just a few minutes. With a real estate development agreement, you will probably need hours to read one of these dense 10-50 page documents. Let's take a look at what a real estate development contract is and why they are so long.


A real estate development agreement is just that, an agreement to develop a plot of land for personal or commercial use. The agreement can be between an individual and a construction company, a commercial constructor and a city or town, a city and town and a retail business, or other combinations of the above. Some real estate development agreements between large companies such as Wal-Mart and a city or between a company that will deal with hazardous chemicals, such as a gas station and a city, can be extremely long as they must cover any Newton MRT that may arise during building or later if there is an accident.


The typical real estate development agreement begins with simple definitions of who is involved with the agreement, the date, and where the property is scheduled for development. The agreement will also detail the municipality that is in charge of overseeing the development. The next part of the contract is often the "Witness" section that lists all the necessary steps the builder has had to complete up to this point in order for the development agreement to be approved by the city. The city will make sure that the area you have chosen to build is correctly zoned for the type of building you want to make and will also check that you have submitted a development plan, which is different from this agreement, to the city prior to this. form. Once those steps are completed, the essence of the contract is detailed.


The first section is the definitions that simply explain what each term used in the contract refers to. For example, the city or builder is likely to define what "full cost" means so that it can be used throughout the contract. If it's a simple home construction contract, there will only be two or three definitions, if the contract is commercial property, there could be dozens.


The development plan then outlines the project. This section is usually short and simply lays out the basic rules of the build such as the time frame, property limits, etc. The improvements section can be quite long, as it describes all the improvements that this development will make to the city, such as improving the sewer lines that it connects to.


The final sections of the contract go over the timelines for construction and things like landscaping rules, parking rules, and current rules for additional construction on that parcel of land. In general, a real estate development contract is usually as complicated as your plan is: simple for homes, complicated for commercial properties.

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