Overage
A seller may wish to sell land and, at the same time, reserve the right to receive a further payment if certain events occur. That further payment is known as an “Overage.” Other Commercial Property areas we cover include:
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An example of where an Overage might be used is as follows:
A buyer (B) wishes to purchase land from a seller (S). B has indicated that he intends to build and sell 20 houses on the land. Based on those intentions, S and B agree on a sale price of ÂŁ1m. S is concerned that B might build and sell more than 20 houses on the land, so S may not have received full market value for his land.
In the above scenario, S and B could agree to enter into an Overage deed, which provides that should B build more than 20 houses, he will make a further payment(s) to S.
The terms of an Overage deed can vary significantly. Understanding what entitles the seller to a further payment is a fundamental part of the Overage deed.
Whether you are buying or selling, you must understand the terms of the Overage deed. Issues can arise if the terms are unclear or have been drafted too narrowly/widely.
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Contact Us To Discuss Overage
Get Overage advice today and speak to our team or visit our offices in Hanley, Newcastle, Sandbach or Leek.
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Hanley:
01782 262031
Newcastle:
01782 612311
Sandbach:
01270 761111
Leek:
01538 399332