A land agent wants a 30-month option on acreage I've held since 2016
Got a letter, then a call, then a draft option agreement, and I'm out of my depth on the parts that matter.
62 acres, flat, cleared, about a mile and a half from a high voltage transmission corridor. I paid $310k in 2016 and I've been paying taxes on it and mowing it twice a year since. Current use is nothing. I also own 40 acres adjoining it that I bought separately.
The offer as drafted. $75k option payment, nonrefundable, credited to the purchase price. Price is $28,000 an acre, so about $1.736M for the 62. Thirty month due diligence period with two six month extensions at $40k each. Their obligations during that time are basically to keep looking. Closing is conditioned on them getting an interconnection study result they like and on rezoning to a use that allows a large computing facility. I'm required to cooperate with the rezoning application at my own cost for anything that isn't a filing fee, and to grant access for survey, geotech, and environmental work. There's a right of first refusal on the adjoining 40 acres attached at the back, at a price to be agreed.
What I like is the price. Comparable dirt around me trades in the mid teens per acre for agricultural use, so this is a real premium.
What bothers me. Forty two months is a long time to be off the market with $155k of total option money against a $1.736M price. The rezoning cooperation clause has no cost cap. And I don't understand the ROFR at all, whether it's a small favor or whether I just gave away control of the other parcel.
I have nothing else planned for this land, which is either the reason to sign or the reason I'm being underpriced.