Joint Venture in Real Estate

Joint Venture is termed for a venture or a project30ft road 1.6
achieved jointly or combined, a project which has been40ft road 2.0
achieved by the collaboration of two or more parties.40ft-60ft road 2.5
In real estate, joint venture means that a project is60ft to 100ft 3above 100ft more than 3 and generally
developed by two parties jointly. This generallymore than 100ft won't be there for residential purpose
happens where one party would have his land and theSo now lets take this example to even simplify of
other party would be interested to develop a projectwhat we have said above:-
on that land.Let take a site which is 20000 sqft and the road width
Some time the owner of the land could not develop itis 40ft road so maximum built-up area should be
because of many reasons such as he doesn't have40000 sqft. Lets assume the joint venture agreement
the expertise or he doesn't have the fund and likewisebetween owner and builder is fixed as 50-50 ratio and
for the other party who want to develop might notalso the owner of the land get 1cr as advance.
have a land in the prime location where he can build upGenerally the property building cost would be Rs. 1000
a nice project.per sqft, so to build 40000sqft it is 40000*1000 = Rs
So, if these two parties join together on a mutual40000000. After completely building the apartment, the
understanding they sign an agreement which is termedbuilder would get to sell his 50% share of the total
as joint venture agreement. This agreement comprises40000 sqft which is 20000 sqft. Lets assume the
legal understand like will there be any advance orapartment selling rate is worked out to be Rs. 2200
good-will money be paid by developer to land owner?per sqft, then he will earn 20000*2200= Rs. 44000000,
Advance is the amount which a developer needs toso builder's total earnings for this apartment will come
pay to land owner which would be refunded by theto Rs 4000000 minus the interest rates for the 1cr
land owner after completion of the project. If anyadvance. Let say construction take 2 yrs to complete,
problem arises while constructing, because of whichso builder would lose the interest for 1cr for 2 yrs,
they couldn't complete the project, then that advancewhich would come around 2400000, if he takes an
Amount will not be paid back.interest rate of 12%. So finally builder's total earning for
Good-will money is the amount which a developerthis property would be 40l-24l=16l which is not good for
need to pay to land owner for developing the projecthis 2 years of work.
and this is not refundable. This would remain with theLikewise, lets take the land owner's point of view, Let
land owner even after completion of project.say that the land rate is Rs 2500 per sqft so by selling
Now when the project is completed, the property willland owner will get 5cr and by doing joint venture he
be divided between the land owner and builder, thewill earn 4.4cr + the interest on 1cr which would be
ratio is worked out between 60-40 or 50-50 which4.66cr which is 34l less than what he would have got
mean that builder will keep 60% and owner will keepwithout doing Joint Venture so its not feasible. So,
40% or both will keep 50%. This division done is basiseventually this deal wont work out for both the land
of the built up area. Built up area dependents on theowner and builder.
site area and the road width where the site is situated,All the above calculation goes into paper to decide
for a 30ft road width one can maximum have build upwhether to go into joint venture or not. A sample copy
area as 1.6 times the site area, following are theof joint venture agreement can be drafted with a help
regularities for different roadsof lawyer.