THE ULTIMATE KNOWLEDGE BASE

The BKREA Market Intelligence

Plain-English answers on zoning, air rights, development value, and selling — written for owners, not lawyers.

FAQ

What Due Diligence Do Developers Perform?

What does a developer check before buying my property?

A developer checks title, survey, zoning, environmental conditions, existing leases, and any open violations to confirm the site can be built as underwritten. Each area can affect buildable square footage or cost, so anticipating these items and preparing answers prevents surprises that reopen price negotiations.

How long does a developer's due diligence take?

A developer's due diligence typically takes 30 to 90 days, with cleaner sites at the shorter end and title, environmental, or tenancy complications at the longer end. The clock usually starts at contract signing, and a complete data room can keep the period closer to 30 days.

What title problems come up when selling a development site?

Common title problems include liens, easements, encroachments, mechanic's liens, and unreleased mortgages that cloud clear ownership - any of these can stall a closing until resolved. Owners should order a title report before listing so problems are cured on their own timeline, not the buyer's.

What environmental issues do developers check for?

Developers check for soil and groundwater contamination, underground storage tanks, asbestos, and E-designations flagged in zoning, usually starting with a Phase I Environmental Site Assessment. Contamination can require remediation that adds cost and time, so disclosing known conditions early keeps these from derailing the deal.

How do tenants affect a developer's due diligence?

Tenants make developers scrutinize lease terms, expiration dates, and the cost of delivering vacant possession, since they need an empty site to build - rent-regulated tenants raise the most complexity. An owner who provides a clear rent roll and lease abstracts upfront removes a major source of due-diligence uncertainty.

What zoning checks does a developer do before buying land?

A developer confirms the lot's zoning district, FAR, height and setback limits, and whether the intended project is buildable as-of-right or needs a variance or rezoning. This determines how much they can build and pay, so an owner who commissions a zoning analysis upfront gives buyers confidence in the buildable square footage.

How do I prepare for a developer's due diligence?

Prepare by assembling a complete data room - title report, survey, zoning analysis, leases, and resolved violations - before going to market, so buyers can underwrite quickly and confidently. The more questions answered upfront, the shorter due diligence runs and the less room buyers have to renegotiate.

What is a data room and what should I put in it?

A data room is a secure digital folder holding every document a buyer needs to evaluate a site: title report, survey, zoning analysis, environmental reports, leases, tax bills, and violation records. A complete data room speeds due diligence and signals a prepared seller, which strengthens an owner's negotiating position.

Edge case: How do open violations affect selling my property to a developer?

Open DOB, ECB, or HPD violations can stall a sale because they cloud title and may need to be cured before closing, and some carry fines that compound over time. Resolving violations before listing is almost always cheaper than letting a buyer discover them and use them as leverage to cut price.

Edge case: What is the selling process for a property with a complicated ownership structure?

A property with a complicated ownership structure - multiple LLC members, partnerships, or co-tenants - requires confirming that everyone with authority consents to the sale before a contract can hold, since a missing signature can void it. Aligning all owners and documenting signing authority before going to market prevents costly delays at closing.