Consortium Agreements, Collaboration Agreements & Other Property Joint Ventures - Live with Peta Dollar

Introduction

Property transactions, particularly where there is development involved, will frequently involve more than one party. But do you understand the issues that need to be considered when forming a property joint venture, the different structures available, and the advantages and disadvantages of each structure?

Consortium agreements (agreements between developers, especially housebuilders, who are developing a site together or sharing a site) and collaboration agreements (agreements between landowners who wish to develop their individual landholdings as a whole and enter into an agreement with a developer) are commonly found in connection with developments, but there are serious pitfalls involved in these types of arrangements.

This virtual classroom seminar will provide you with the information you need in order to advise your clients.

What You Will Learn

This live and interactive session will cover the following:

Property Joint Ventures - General Issues

• What is a property joint venture?
• Different situations where a property joint venture may occur
• The issues that need to be considered when forming a property joint venture
• The different structures available when forming a property joint venture, including contractual joint ventures, forward funding, partnerships, joint venture companies, REITs and others
• The advantages and disadvantages of each structure, including tax, the possibility of a collective investment scheme arising, liability, risk and reward, confidentiality and ability to borrow

Consortium Agreements

• What type of structure is best in the circumstances? Should the parties form a company or other artificial vehicle to carry out the development, or should they just enter into an agreement between themselves? Could such an agreement cause a partnership to be formed?
• Should the development site be held in joint names? If so, what are the issues that arise here?
• Should one party be appointed to carry out (parts of) the development on behalf of the others?
• What issues arise from agreements with the landowners (assuming that the developers do not yet own the land)?
• What issues arise in relation to s106 planning obligations?
• How should costs be dealt with?
• What about disputes between the parties?
• Tax issues

Collaboration Agreements

• What issues need to be covered between the landowners before a developer is found?
• What issues need to be covered between the landowners after a developer is found?
• Equalisation issues
• Should the landowners enter into individual agreements with the developer or a single joint agreement?
• Pitfalls - tax, collective investment schemes

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.