Legal Question in Real Estate Law in California

Can I buy & get title for condo not yet built?

I work for northern CA company who's trying to weigh some options, and so the theorectical or legal possiblities elimate some options.

We want to eventually have guranteed right to buy either a condo or office portion of a building not yet built. One thought in our office is to buy now, & get title so that we know we're in. Is this posssible?

Altenatively, what other protective procedures are there to secure the future interest in the office/condo? Contract to that affect?

Thank you


Asked on 12/12/03, 4:34 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Can I buy & get title for condo not yet built?

Unless you plan to pay cash for the unit, I don't think you will be able to get financing from a lender to complete a purchase of an unfinished unit.

What might be a viable option is an option contract, whereby you will be give the option to purchase immediately upon completion.

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Answered on 12/12/03, 5:22 pm
Michael Olden Law Offices of Michael A. Olden

Re: Can I buy & get title for condo not yet built?

Buy now or option to buy later. Absolutely both work and work well. That is if done properly and prepared properly. Yet my drift don't do it yourself hiring experienced real estate lawyer who understands the both situations. As to buy now it's easy to find real estate broker make your offer, put in the contingencies the buy the property. This could include buy a condominium in a building not yet already built. Of course, nothing will get recorded until such time as the property is completed, designated ready for occupancy by the county in which the property is located in escrow closes on that particular property. Your escrow can close almost simultaneously with the next day. The money, if done properly, does not come out of the escrow account until the property is completed. The trick is dealing with the lender to make sure that the interest rate on the load stays constant until the property is finally built and that could be tricky and difficult in today's market. Again let's get an attorney knows what he's doing and you have a much better chance of successfully completing the transaction. The option, at least understand when it comes time to buy the property is your loan is in place tough luck. You lose your option money and have bigger problems or "fish to fry".i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/12/03, 5:31 pm


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