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waterfall. North Carolina Stewardship in Land Sales

UPDATE: Part III  is now up...

In Part I of this unfolding land sale transaction, our  client, JT told me that when he first became interested in 1031 Exchanges in conjunction with conservation development, he considered himself lucky to bump into one real estate professional who understood the intersection of a "cultural creative" investor and his quest for land with a waterfall he could steward.   

Surprised, I noted that there‘s a market trend toward sustainability in design and construction as expressed in  conservation development properties.

 But all that aside, this land transaction was going to be a fantastically interesting one (see Part I for the details)  that would take us to last week and to making an offer to purchase and contract on a 40+ AC parcel with a tall, tall waterfall as its centerpiece.

The property had only been on the market for a week, so JT was anxious to secure his find. It was Saturday and we had little time to research the seller and the seller's motivations and concerns. So,we advised that JT present a "reasonable" offer. He insisted on making a full-price-cash offer with the only contingency being that the waterfall actually fall within the property boundaries. A metes and bounds survey had been done, but that was way long ago!

So the OPC was prepared, signed and delivered in one of our recycled envelopes with the Ivory-Billed Woodpecker emblem upon it. (SCAN) It was accompanied  by a very friendly hand-written note by our client who described how he would take good care of this land and waterfall. He assured her that he did plan to put most of the land, including the falls, aside in a land trust.  She need not be concerned that he intended to build his home atop it.

The seller received the offer, but requested a few more days to deliberate!

Deliberate what?   Our client OK'd the extension of the deadline and he (and we) awaited the seller's response wondering what her deliberations would mean for us.

 

 

Here's what. The seller came back with the following:

•1)      Buyer to pay for the survey (probably around $20,000.)
•2)      Buyer to pay for all closing costs
•3)      Buyer to pay all the commission...

AHA! Now we knew more about the seller. Never mind the note our client had written about how he would take good care of this land and the waterfall. Her motivation had nothing to do with that.
Dismayed, our client decided to "deliberate" himself.
He headed for a photo shoot on the other side of the State.

Within days, the property was re-listed at a new asking price.

Tune in for Part III (still unfolding as I write) where the Seller raises the asking price by $50,000.
And our client makes his move.

UPDATE:Much to our amazement...JT decides to make a New Offer....
Will it be another full-price one? Your guess is welcome.

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43 Comments on Anatomy of a Land Sale. Chasing Waterfalls. Part II

JUN
15
2007
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog
Just got the news. It's 7:30 PM Saturday...Wait until you read what happens next!
6:33pm • #1
123,217 Points 17 Featured Posts Localism Sponsor Outside Blog
wow JaneAnne, I can't Wait for Part 3!  I know you handled your shock with grace.  BTW, I think I am a cultural creative also, I took the quiz, who knew?!
6:43pm • #2
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog
Janie! I figured you were a CC...I can tell from the intricacies of your style and experience =) You might like to check out YES Magazine...
6:45pm • #3
130,294 Points 9 Featured Posts Outside Blog

Wow, I am also looking forward to part 3.. how long do we have to wait? Off to take the quiz! Alright! I'm A CC too!

6:53pm • #4
197,658 Points 56 Featured Posts Localism Sponsor Outside Blog

I just don't get it.  Ugh. I know what you are going through with this one, I feel for both you and your client. 

Sounds like a beautiful piece of paradise.  I took the quiz too and I was a cultural creative. 

7:07pm • #5
120,153 Points 7 Featured Posts Outside Blog

I am on the edge of my seat- this is better than any novel I could be reading right now!
janeAnne- cant you slip a few clues to us!!!!! Can you tell us about the list agent- is there experience under his-her belt in selling such properties ?

I have never heard of such slickness or deliberations that entailed what your have ! Best to ya janeAnne > and get that part 3 typed so we can read it!!

 

I am a CC as well. !

8:26pm • #6
183,138 Points 11 Featured Posts Outside Blog
I feel like a kid waiting for my bedtime story!
8:57pm • #7
3 Featured Posts
janeAnne, obviously the seller is not a CC!!!  Idiots, I hope they read this!
9:44pm • #8
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Lysa~

Looks like you will have to wait for a little while for Part III. Now I bet you ae ging to ask me to define "a little while", right? Typical CC. (I'm smiling)

10:05pm • #9
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Steph~

Luckily my client is a very steady person. When you spend as much time observing nature, including human nature as he does in his professional, possibly that is one of the benefits.

10:08pm • #10
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Michele~ 

A few clues, eh? OK... when a person's motivation is what the motivation is, then we address the motivation. How do ya' like that?

10:09pm • #11
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Joni~

There are plenty more where this one came from. We all have 'em I surmise. Maybe we should write a book!?? Joan W. suggested that to me just today. Let's hope this one has a happy ending. We will all fidnout together, that's for sure.

10:11pm • #12
197,658 Points 56 Featured Posts Localism Sponsor Outside Blog

JaneAnne, I love working with clients like that.  They end up being best of friends by the end of the transaction. 

Your comment to Lysa about typical CC...explains me too. Thanks for answering that question for me.

I would bet with your genius and your client's motivation, it will work out.  Maybe we should make bets.  :)  Losers write a post on what the winners choose.  I can't wait to hear how it ends. 

10:58pm • #13
202,330 Points 6 Featured Posts Outside Blog

Well janeAnne, You have me on the edge of my seat...The clue did not help much...But I do have a guess.

Hope tp see part3 tomorrow!

Signing off... Another CC friend,

Ginger

11:44pm • #15
JUN
16
2007
224,760 Points 2 Featured Posts Localism Sponsor Outside Blog
Can we expect part three to appear sometime soon?  We're all sitting on the edge of our chairs waiting to hear how this plays out.
6:22am • #17
130,294 Points 9 Featured Posts Outside Blog
Nah, I won't ask.. I'm subscribed! I'll know when you post again! :)
6:35am • #18
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Steph~ 

You may have to wait a week (or less, or more)  to find out how this progresses. Our whole team over (the ecologist, the surveyor, the land planner and 1031 guy + yours truly) have been enjoying the

a n t  i c i  p a t i o n ...I'd just feel terrible to deprive y'all of that inner stirring =) ...

This acceptance could be a risky gamble...or NOT .  .  .

6:58am • #19
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Ginger~

It occurs to me that the practice of real estate is much like riding a waterfall...all parties thrill to the ride and wonder where we will end up...

7:00am • #20
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Laurie~

JUST for you, I will put an UPDATE on this post at 5:00AM your time...

7:01am • #21
616,335 Points 244 Featured Posts Localism Sponsor Outside Blog
Hi janeAnne, Thanks for the heads up on this one. I've been busy so may have missed it. I went back and read part 1 as well. Great story!! Can't wait to see how it ends even though I'm sure your buyers end up with the property(my guess). Sounds like paradise
8:03am • #22
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Diane~

One hint...It's going to be a real waterfall ride. I can tell by the way it's coming down...more as soon as I know more. This one's in progress.

9:34am • #23
605,449 Points 111 Featured Posts Localism Sponsor Outside Blog
It's going to be CONTINGENT on.....okay...waiting.
1:03pm • #24
250,305 Points 11 Featured Posts Outside Blog
I know we are sitting on the edge of our seats, bet you are too!
2:32pm • #25
121,298 Points 6 Featured Posts Outside Blog
Oh my. That's crazy. You would think that full price and cash offer would have been great!
2:50pm • #26
JUN
17
2007
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Sally~ 

Good-EYE! That little contingent on (e survey) could cause a big downfall in the waterfall project...stay tuned. I hope to put up Part II later today...depending on a few "side cascades" that are out there...

8:09am • #27
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Dena~

Thanks for your a n t i c i p a t i o n...,more news just in. I am writing Part III..hope to have it up later on today! Will update on this post.

8:11am • #28
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Christy~

You wrote, "You would think that full price and cash offer would have been great!..."

Totally! But that's the interesting thing about the real estate profession--you never know until you KNOW...and you've made it through the due diligence period and you're at the closing event...and everyone is smiling, and all the documents are signed.

8:14am • #29

I, like everyone else here, can't wait to hear the next segment of this story. I'm an extreme CC and am feeling on the edge of some kind of big positive action to further environmental awareness. I am so appalled at how people put their purse before their planet. I'm sickened daily about what I see around me and can almost understand the mentality of the Concerned Citizens of WNC people who vandalized 2 offices, one of a real estate company who participates in some very destructive "developement," as a means to express their anger with the land rape in the area as people choose to line their pockets and ruin the nature beauty.

I'm still not clear on how to use this active rain thing, but hope I get a bit more time to chime in occasionally in the future.

2:04pm • #30
202,330 Points 6 Featured Posts Outside Blog

OOh, janeAnne,

Waiting with bated breath for part #3

I find it interesting that you use the word interesting to describe some of the pitfall of our profession...I think the word I would have chosen is stressful!...But yeah it is interesting for sure!

Ginger

2:22pm • #31
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Ginger~

Yes. "Interesting" is the best way I can describe potentially distressing situations. At least if I describe them as such, I can ,aintian  some sense of objectivity. On this one, it is a real challenge, I have to tell ya'.

3:03pm • #32
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Everyone~  Anatomy of a Land Sale. Waterfalls. OFFER ACCEPTED. IS IT-REALLY ??? Part III is UP! Before you read it, take a guess if the offer is accepted or not...and what happens next...

3:06pm • #33
JUN
21
2007
363,210 Points 9 Featured Posts Localism Sponsor Outside Blog

hmm let's see the $50K increase seems to cover 1,2, and 3 -- Look's like seller is not all that motivated from an eco-friendly point of view.  At this point, I am thinking the waterfall is not on the property --there is something else going on here! 

10:41pm • #34
JUN
22
2007
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Joan~

We all know that you are one of those "smart" people! You got the increase on the exact mark. We don't know about-the falls being on the property..yet...but have put in a call to our angel surveyor for help..in short  order...

12:49am • #35
JUN
24
2007
2 Featured Posts
At least it appears you had a really true water fall!  I've seen the real estate agent's magic camera bring in lots of calls over a 'water fall'!
6:03pm • #36
I'm a CC too. I am guessing before reading III that they accepted the offer and it is your clients'. Am I right?
6:32pm • #37
JUN
25
2007
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Everyone~

 Are YOU a Cultural Creative? Here a QUIZ

 

7:27am • #38
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

JudyAnn~

True waterfall...about one story high..maybe a little more...and W I  D  E .

 I understand what you are saying about "truth in camera-work"...

Once I took an hour-long dirve to preview a horse farm on 20 acres for my clients. It seemed perfect for them from the photos. . a small family horse farm. ..where they could enjoy their 4 horses and an old barn that was on the property. When I got there, the house was not livable, the barn needed to be torn down and  most of the acreage was a steep mountainside. Good-thing I previewed it!

It is so worth it to represent what is THERE in photos.

 

 

7:36am • #39
325,939 Points 64 Featured Posts Localism Sponsor Outside Blog

Leslie~

You will just have to check out Part III (I'm smiling)  but I will give you a hint...NO.

I would be giving it away if I told you more. I am sure you deal with difficult challenges from time to time as Staging Pro...same thing with this situation. I look at such challenges as interesting stories I will one day tell my grandchildren when they follow the family tradition and become real estate professionals...

and...YES Part III  is now up...

7:40am • #40

janeAnne- Yes I have had plenty challenges as a staging professional. But my  grandsons prefer the stories from their grandpa on camping, animals and such more than color feelings, benefits of light and furniture placement. So your waterfall will have your grandchildren's attention way before they are of age to be Real Estate Professionals.

No is not the answer I was hoping for :.)

Leslie

6:07pm • #41
JUN
26
2007
2 Featured Posts
CC -- and off to part III - I can't wait to see what has transpired!!! See you on the next post!
9:46pm • #42
JUL
09
2007
109,021 Points 11 Featured Posts Outside Blog

Hi janeAnne,

This is cruel. I can't stand it. I hate suspense. Fortunately for me I'm reading this 3 weeks after the fact. I hope I can find part 3. If not I'm coming to look for you.

Bill Roberts

2:08pm • #43

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janeAnne, Asheville's "Green-o-Lina" NAR GREEN Real Estate Consultant

Asheville, NC

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GREEN Eco-Friendly LAND & Green Built Homes

Address: One Tampa Avenue, Beautiful Greater Asheville- Weaverville, Marshall, Hot Springs, Black Mountain, and Gorgeous Horse Country, Asheville, NC, 28801

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