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avoid<br />

conflicts<br />

buy access<br />

lawfully<br />

delineate<br />

the social<br />

ness and inherent bias of memory” by memorializing<br />

“the results of the parties’ negotiations” and providing<br />

“confirmation and evidence” of an agreement. 3<br />

A corollary of the text’s focus on transactions is its<br />

emphasis on interested actors. Though interests<br />

motivate actors to complete transactions in reliable<br />

ways, they also lead to conflicts. For example, in buying<br />

or selling land, determining the value of a property<br />

often requires a land inspector to examine it for<br />

defects. In this way, the text’s foregrounding of roles<br />

extends to the putative object of exchange—land itself.<br />

Land inspectors typically come to prospective<br />

buyers recommended by real estate brokers. Because<br />

brokers make commissions on sales, they are thus<br />

subject to competing interests. 4 They desire a careful<br />

inspector who will maintain their reputations by<br />

catching “undisclosed flaws,” but they also want a reliable<br />

inspector who will not “kill the deal.”<br />

The book describes financial institutions, buyers<br />

and sellers, brokers, architects, and contractors<br />

in terms that strip down their responsibilities to<br />

those of instrumental functions, supplemented by<br />

notes on their roles as defined by law or by professional<br />

organizations. For example, architects “translate<br />

the owner’s objectives into buildable plans and<br />

construction documents, [and] assist owners in obtaining<br />

bids and negotiating with contractors.” 5<br />

For Lefcoe, the contract between a buyer and seller<br />

is also a model for describing larger social, political,<br />

and ecological worlds, from neighbors to local governments<br />

to zoning ordinances and environmental<br />

regulations. 6 To the degree that the notion of public<br />

good appears, it is a public in need of redemption by<br />

development. Ostensibly political acts, such as campaign<br />

contributions—“buy[ing] access lawfully”—are<br />

simply links in a chain of operational transactions.<br />

One just has to avoid crossing into illegality. 7<br />

Social relations form the center of this text, driven<br />

by the question of how to get one’s money’s worth<br />

in a landscape where personal relationships are unclear.<br />

Trust and authenticity are useful insofar as<br />

they alleviate the economic anxieties of buying or<br />

turn raw land<br />

into a useful<br />

product<br />

1.<br />

Landowner<br />

(Ground Lessor)<br />

orchestrate<br />

professionals<br />

imaginatively<br />

to realize<br />

projects<br />

renting a home, entering a partnership, or developing<br />

a property. Yet, the right of a seller not to disclose<br />

“psychologically tainted” property is emblematic of<br />

a structural divide between the personal and social. 8<br />

No amount of clarification or documentation will<br />

cure these anxieties.<br />

Mortgage lenders and developers have different<br />

roles than sellers. 9 Here descriptions move from<br />

transactional relations to the norms of development.<br />

One of the main assumptions about land is that it<br />

is raw, and a developer shapes “raw . . . or previously<br />

developed, but derelict or underutilized sites, into a<br />

useful product much like a manufacturer might mold<br />

plastic or carve wood into furniture.” 10<br />

2. 3.<br />

4.<br />

Ground<br />

Rent<br />

Developer<br />

(Ground Lessee /Sublessor)<br />

Rent<br />

Ground<br />

Lease<br />

Operating<br />

Lessee<br />

Operating Tenants /<br />

Sublessees<br />

Note and Mortage<br />

Mortage Loan Proceeds<br />

Note and Mortage<br />

Mortage Loan Proceeds<br />

SNDA Agreement<br />

Key Players in Ground Lease Development, Lefcoe, p. 729.<br />

The chapters on development portray the developer<br />

as someone who uses a “fertile imagination” to<br />

mix the components that allow the project to come<br />

to fruition. 11 The skill of a commercial real estate<br />

developer is “not necessarily [that of ] architects or<br />

contractors, engineers or financiers,” but instead the<br />

bringing of these specialties together to serve those<br />

who need space to carry on their businesses. Further<br />

chapters cover how to choose an entity for real estate<br />

investment in order to formalize a relationship<br />

between developers and investors to share risks and<br />

rewards together. 12 Developers may not “draw up<br />

blueprints or erect steel or pour concrete, but they<br />

cause these things to happen.” 13<br />

5.<br />

Lessor’s Lender<br />

(Freehold Mortage)<br />

Developer’s Lender<br />

(Leasehold Mortage)<br />

150 151

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