A real estate joint venture (JV) is a deal involving two or more parties to work together and combine resources to develop a real estate project. Most large projects are financed and developed as a result of real estate joint ventures. JVs allow real estate operators (individuals with extensive experience managing real estate projects) to work with real estate capital providers (entities that can supply capital for a real estate project).
This is the first step to a joint venture. This appraisal usually begins with the site visit by the developer to identify the location of the property, accessibility, the availability of infrastructure, the soil type, terrain as well as other factors that affect development.The developer will then conduct a feasibility study to establish the best use of the property, property costs, revenue and resulting potential returns from such an investment.
The developer will then come up with proposal for the landowner showcasing the proposed concept, the budget, the revenues and the profit-sharing between the two parties. If the landowner has a proposal, then the proposal will be discussed.
When the landowner accepts the developer’s proposal, they are required to avail copies of the land title deed and deed plans for verification by the developer’s advocate. The advocate will conduct a search to establish the authenticity of the title deed, true ownership and that the land is free of any encumbrances. A surveyor will then be engaged to verify the beacons on the ground and confirm acreage on the title compares with the one on ground,
Once due diligence is complete and is satisfactory the developer drafts a Joint Venture Agreement (JVA) and sends to the landowner’s advocate. Of the many challenges inherent to a JV, an agreement outlines all possible scenarios that might be a source of conflict and forges a path forward in the event that anything does not go according to plan.
Both parties sign the Agreement once they agree to the terms and conditions laid out
a special purpose company is formed with the aim of fulfilling the objectives of the JVA. The company is then registered as a private Limited Liability Company (LLC) or as a private Limited Liability Partnership (LLP) by the registrar of companies
Once the company is formed, the landowner is required to avail the title deed and other relevant documents required for the transfer of the land ownership in favor of the SPV. The developer then begins execution of the project through procuring of the project team including the architect, project manager, the engineers and other consultants. The developer oversees the project through to completion. Once construction is complete, the landowner and the developer share profits in accordance to the terms of the JVA. Profits shared may be in form of cash or units such as houses or apartments
If done correctly, joint ventures bring a huge financial fulfillment for both parties in several areas. Some of the benefits of joint ventures include; increased capital base, development expertise, access to market distribution channels, provide partial liquidity to landowner without having to sell the entire land, shared risks and gains and also attaining preferred returns.