Quarterly report pursuant to Section 13 or 15(d)

Note 3 - Variable Interest Entities and Consolidated Real Estate Not Owned

Note 3 - Variable Interest Entities and Consolidated Real Estate Not Owned
6 Months Ended
Jun. 30, 2022
Notes to Financial Statements  
Variable Interest Entity Disclosure [Text Block]



We enter into purchase and option agreements for land or lots as part of the normal course of business. These purchase and option agreements enable us to acquire properties at one or multiple future dates at pre-determined prices. We believe these acquisition structures allow us to better leverage our balance sheet and reduce our financial risk associated with land acquisitions. In accordance with ASC 810, Consolidation, we evaluate all purchase and option agreements for land to determine whether they are a variable interest entity ("VIE"), and if so, whether we are the primary beneficiary. Although we do not have legal title to the underlying land, if we are the primary beneficiary we are required to consolidate the VIE in our financial statements and reflect such assets and liabilities as Real estate not owned and Liabilities related to real estate not owned, respectively. As a result of our analyses, we determined that as of June 30, 2022 and December 31, 2021, we were not the primary beneficiary of any VIEs from which we have acquired rights to land or lots under option contracts.


The table below presents a summary of our lots under option at June 30, 2022 (dollars in thousands): 











Earnest Money


of Lots






Purchase and option contracts recorded on balance sheet as Real estate not owned (1)

    1     $ 8,011     $ 801    

Option contracts — non-refundable deposits, committed (2)

    11,991       644,294       64,290    

Purchase contracts — non-refundable deposits, committed (2)

    10,880       302,555       22,712    

Purchase and option contracts —refundable deposits, committed

    1,450       35,228       1,477    

Total committed

    24,322       990,088       89,280    

Purchase and option contracts — refundable deposits, uncommitted (3)

    26,541       877,421       9,488    

Total lots under contract or option

    50,863     $ 1,867,509     $ 98,768    

Total purchase and option contracts not recorded on balance sheet (4)

    50,862     $ 1,859,498     $ 97,967  




Real estate not owned represents a single parcel of land intended for multi-family housing that, once purchased, the Company intends to sell.



Deposits are non-refundable except if certain contractual conditions are not performed by the selling party.



Deposits are refundable at our sole discretion. We have not completed our acquisition evaluation process and we have not internally committed to purchase these lots.



Except for our specific performance contracts recorded on our unaudited consolidated balance sheets as Real estate not owned (if any), none of our purchase or option contracts require us to purchase lots.



Amount is reflected in our unaudited consolidated balance sheets in Deposits on real estate under option or contract as of June 30, 2022.


Generally, our options to purchase lots remain effective so long as we purchase a pre-established minimum number of lots each month or quarter, as determined by the respective agreement. Although the pre-established number is typically structured to approximate our expected rate of home construction starts, during a weakened homebuilding market, we may purchase lots at an absorption level that exceeds our sales and home starts pace needed to meet the pre-established minimum number of lots or restructure our original contract to terms that more accurately reflect our revised orders pace expectations. During a strong homebuilding market, we may accelerate our pre-established minimum purchases if allowed by the contract.