<p>Several of the PS & Woodbury homebuilders have revealed that their land purchase agreement is all handled through options. They don't actually purchase the next "release" of dirt until they are done or close to done selling the current release (I would assume completely). All the prices are supposed to be pre-ordained in the development plan, to a certain extent. I'm sure there are provisions for re-valuing the land in case of home price increases through the phases (TIC wants to ensure they get their fair share of upside potential). This is likely for HB cash-flow as well as TIC's desire for more $$. In an upward-moving market, it works out relatively well for both parties.</p>
<p>Evidently, the downside scenario may not have been as well-planned for. I'm sure there are provisions that address it, but from what we understand the builders can only lower their prices with TIC approval and/or an actual land-price basis adjustment. My guess would be the HB is allowed to cut into their own profit a bit as long as they pay TIC the agreed land price and don't materially drag down the comps in the market. But at some point, there isn't any more blood to squeeze from the HB's stone, and now if the land price doesn't change, the thing just won't sell because the builder is down to their lowest possible margin.</p>
<p>It has basically been confirmed that a significant re-negotiation (reduction) took place around December 2006 in PS and the Woodbury communities that were not sold through. Just like actual homeowners, though, TIC is very reluctant to lower these prices until it is patently obvious that things are in bad shape, so the effects of these reductions often come late and only cause a small postive blip in sales before things get quiet again, which is where we are now.</p>
<p>I'd be confident that Orchard Hills has some framework in place, and certain land price valuations are being discussed. But there has to be flexibility in these negotiations for what the market will bear when it actually comes time to build, and you can be sure that after writing off so many land options around the country in the last 6-9 months, the homebuilders are going to be much more savvy in negotiating these terms.</p>
<p>SCHB</p>