By Anne Rodell; College of Law (England and Wales)
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Extra resources for Commercial property. 2013
Which joint venture structure is most efficient in terms of SDLT? Answers to this Review activity may be found in Appendix 1. 1 METHODS OF FINANCE One of the first considerations of any buyer of commercial property, whether the buyer is a developer, an institutional investor or simply a company looking to acquire premises from which to operate, is how to fund the acquisition. Even the largest commercial organisation is unlikely to have sufficient funds to buy the property without recourse to outside funding; and even if it does have the funds readily available, it may not make financial sense to use them.
2 DIFFERENT TYPES OF CONTRACT Sometimes the sale will be by simple private treaty; sometimes it will be by way of auction or tender; and sometimes the nature of the transaction may justify a departure altogether from the straightforward kind of sale and purchase contract. There are many types of commercial contracts which can be entered into by a seller and buyer of a commercial site, catering for widely different circumstances, and the agreement between the seller and buyer will need to reflect the bargain they have struck.
If the land is sold without the benefit of planning permission, the seller may wish to make provision for the payment of ‘overage’ should planning permission for development be granted in the future. Where land is sold without planning permission for development, the price would have been fixed on the basis of its current use, eg agricultural. If planning permission for development is granted, its value will increase considerably. 3). 2 DIFFERENT TYPES OF CONTRACT Sometimes the sale will be by simple private treaty; sometimes it will be by way of auction or tender; and sometimes the nature of the transaction may justify a departure altogether from the straightforward kind of sale and purchase contract.
Commercial property. 2013 by Anne Rodell; College of Law (England and Wales)