Lending Bank’s Involvement in Marketing Developer’s Property is Questioned

ByJoseph O'Neill

Updated on

Lending Bank’s Involvement in Marketing Developer’s Property is Questioned

Case Overview

This case takes place in Florida and involves a bank that was promoting a property with an appraisal value of $21,000,000, (it had provided funding for to prospective investors. A developer secured financing from a bank to purchase a piece of property. The developer planned to build a resort on the purchased property. In order to complete these plans, however, the developer looked for investors. Construction and maintenance was scheduled, as the land was essentially bare, lacking any roads, curbs, and sewers. The bank, in order to help promote the property for the developer, showed up and participated in real estate marketing events. When the development did not occur, the investors brought suit against the developers. The plaintiffs (the potential investors alleged that, in addition to the developer, the bank should be a defendant because it had been particularly active in the marketing and promotion of the property. The plaintiffs argued that the bank had become an agent of the developer, and thus, a part of the suit.

Questions to the Banking expert and their responses

Q1

What's the course of action for a normal lender on a commercial real estate project as far as marketing is concerned?

Generally speaking, banks do not ever get involved in the marketing of a property.

About the expert

This expert has 35 years of experience in banking operations and commercial loans. He earned his BS from the University of California Davis and is active in his field as a member of the American Bankers Association. This expert previously served as the vice president and commercial loan officer at First Bank and as the vice president and regional underwriter for Montana Bank of Bozeman and Livingston. He then served as the president, organizer, and director of Big Sky Western Bank before becoming the vice president of commercial loans at Heritage Bank. Most recently, he was the president, chief executive officer, and founder of the Bank of Bozeman. Currently, he is the principal at a national banking and financial consultancy based in Montana.

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About the author

Joseph O'Neill

Joseph O'Neill

Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.

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