Land Transfer

Land Transfer Policy and Procedures

Preamble:  Land Transfer policies are subject to Article III, Transfer of Property, in the Miccosukee Land Co-op, Inc.’s (MLC) Declaration of Covenants and Restrictions.  All buyers and sellers of property within MLC are required to comply with Article III and with this Land Transfer Policy.  The following policy implements that article:

  1. The owner provides written notice of intent to sell. The owner of land within MLC notifies the land transfer coordinator (LTC)[1] of their intent to sell and provides a brief description of the property and the offering price.  The LTC sends the information to the MLC coordinator and the MLC finance clerk and sends a copy of the land transfer policy to the owner.
  2. Confirmation of assessment status of owner. MLC requires that all arrears be paid before the property may be sold. The LTC verifies with the finance clerk that the owner is current on all assessments.  If the finance clerk confirms that the owner is not in arrears, the LTC forwards the property description and sale price for publication in the Alternate Current (AC).  An owner who is delinquent in assessments may be granted an exception to this requirement if the owner commits in writing to satisfy all delinquent assessments at the time of closing.
  3. Notice of intent to sell is published in the AC; 90-day right of first refusal begins. Publication in the AC constitutes official notice of intent to sell.  The date of publication starts the 90-day period during which MLC may exercise its right of first refusal, i.e., its sole right to negotiate for purchase of the property.  During this 90-day period, no one else may purchase the property unless Town Council assigns its right of first refusal under # 5 or grants an exception under # 7.
  4. Community decides whether to purchase property. The LTC notifies the coordinator to place an item on the next available TC agenda to consider whether MLC wishes to purchase the property.  If TC decides not to purchase the property, it authorizes the coordinator to confirm that decision in writing.
  5. MLC assigns its right of first refusal to parties in priority order. If MLC does not wish to purchase the property, or its negotiations with the owner fail, MLC will assign its right of first refusal, in order of priority, to adjacent property owners on the same side of the road (with owners with smaller acreage having priority over other adjacent owners), adjacent property owners across a road, other MLC members, and people on the waiting list[2] in order of continuous time on the waiting list.  Owner offers property to parties in accordance with priority as stated above.  Before TC assigns MLC’s right of first refusal, the person to whom the right will be assigned shall give TC written assurance that the property is not being purchased for rental purposes.
  6. No MLC member may contract to buy an MLC member’s property until all assessments are current. If an MLC member makes an offer on the property, the owner notifies the LTC.  The LTC verifies with the finance clerk that the buyer is current on all assessments.
  7. Owner may petition Council for an exception to move forward to the open market in less than 90 days. In some circumstances where the owner has a valid reason for not waiting the full 90 days, Council may give permission for the owner to move forward with a sale to an outside party if the following has been done:
    1. Owner submits to TC a written request for an exception to the 90-day requirement.
    2. Notice has been published in the AC and time has been allowed for distribution of the AC to members and waiting list subscribers.
    3. The owner has notified all “parties with priority,” as described under #5, and made a good faith effort to confirm that none of these parties is prepared to make an offer on the
  1. Property offered on the open market. If neither MLC nor anyone to whom MLC has assigned its right of first refusal enters into a sales contract within the 90-day period, or if TC grants a petition to move forward earlier, then the property may be placed on the open market.
  2. Reduction in list price triggers new listing in AC. If the owner decides to advertise the property at a lower price from that originally published in the AC, the owner must notify the LTC of the price reduction.  The LTC will notify the coordinator and AC staff, and the AC listing will include the new price with a “PRICE REDUCED” notice.  If either MLC or any person with priority wants to purchase the property at a reduced price, MLC or that person should promptly enter into negotiations with the owner.
  3. Responsibilities of all owners selling property in MLC:
  4. a)The owner is required to notify their real estate agent, if applicable, and any interested purchaser that MLC covenants and restrictions are attached to the property deed and that by purchasing property at MLC the buyer becomes a member of MLC and is subject to and agrees to abide by MLC’s covenants and restrictions, including the obligation to pay assessments.
  5. b) The owner is required to keep the LTC informed during the sale process and notify the LTC whenever the owner enters into a sales contract or schedules a closing.
  6. c) Before closing, if the prospective buyer has not already provided such an assurance in connection with MLC’s assignment of its right of first refusal (#5), the owner is required to furnish the LTC with a written assurance, signed by the prospective buyer, that the property is not being purchased for rental purposes.
  7. d) Immediately after the closing, the seller is required to provide to the LTC the name and contact information for the buyer. The LTC will provide that information to the Coordinator, who will notify TC and the community as appropriate.  The LTC will also promptly notify AC staff that the listing should be marked “SOLD.”

As amended 8/29/19. 

[1] The LTC is the volunteer to whom Town Council (TC) has delegated responsibilities regarding transfer of MLC property and the maintenance of the Waiting List.

[2] The waiting is a list of individuals interested in purchasing land at MLC.  The list is maintained by the LTC, in consultation with the finance clerk and AC staff.  Waiting list subscribers pay an annual fee and receives the Alternate Current.  Subscription to the waiting list renews on June 1 of each calendar year.  The LTC notifies subscribers of renewal requirements 30 days prior to renewal.