CONTRACT TO SELL ON LAND CONTRACT

CONTRACT TO SELL ON LAND CONTRACT CONTRACT TO SELL ON LAND CONTRACT CONTRACT TO SELL ON LAND CONTRACT

Purchase and sell agreements

Purchase and sale of property is not something new. You must have sold or purchased property before. The whole process of buying and selling is quite complicated and both the parties need to go through complicated legal process.

The purchase and sale of property contract records every bit of information like agreement date and the name of the parties between whom the agreement is made. The address of both the parties is also recorded in the agreement.

Detailed information about the price of the property, the loan amount that has been granted, details of the bank is recorded in the agreement. Papers for each of the details and information are created and signature of both the parties is taken along with signature of the witnesses. Printable real estate forms also plays important role here. Filling them up is mandatory. Every paper related to the sale and purchase of the property is important and needs to be dealt with very carefully.

Free contract to sell on land contract form should not be taken lightly. After all, these are the papers that speak the truth about the dealings that happen between the seller and the buyer.

In case if you are going for any kind of sale or purchase of property in near future do not forget keep these points in mind. Be very sure about the papers you prepare and take signatures of every single person whose signature would matter in future. Buying and selling of property was never that hard, if you do it properly.

What is a Purchase and Sale Agreement (PSA)?

A Purchase and Sale Agreement (also known as a Purchase Agreement or Sales Agreement) is a legally binding contract between a buyer and a seller that outlines all the terms and conditions of a real estate transaction. It is the foundational document that governs the entire process from agreement to closing.

What key information is included in a Purchase and Sale Agreement?

A comprehensive PSA is critical and includes:
1.) Parties Involved: The full legal names and addresses of both the buyer(s) and seller(s).
2.) Property Description: The legal and physical address of the property being sold.
3.) Purchase Price: The agreed-upon sale price for the property.
4.) Financing Details: Information on the loan amount, mortgage contingencies, and the lending bank or financial institution.
5.) Closing Date: The date when the title will officially transfer.
6.) Signatures: Legally binding signatures from all parties and witnesses.

What is a “Contract to Sell on a Land Contract”?

A Contract to Sell on a Land Contract (often simply called a Land Contract or Installment Land Contract) is a specific type of seller financing. In this arrangement, the seller finances the purchase for the buyer. The buyer makes periodic payments directly to the seller instead of a bank. The seller retains the legal title to the property until the contract terms are fulfilled (e.g., the final payment is made), at which point the title is transferred to the buyer.

Why is it so important to prepare these documents carefully?

These contracts record every bit of information about the deal. They are the official record that speak the truth about the dealings between the buyer and seller. Inaccurate or incomplete paperwork can lead to severe legal disputes, financial loss, or challenges in proving ownership. Every paper is important and needs to be dealt with very carefully.

I found a free “Contract to Sell on Land Contract” form online. Can I use that?

While free real estate forms are available, they should not be taken lightly. Real estate law varies by state and locality, and a generic form may not include necessary clauses or comply with local regulations. It is highly recommended to have any legal document, especially a Land Contract, reviewed or drafted by a qualified real estate attorney to protect your interests.

Whose signatures are required on these agreements?

Printable real estate forms provide a standardized structure for these complex agreements. Filling them up is mandatory and must be done with precise and accurate information. They serve as the official checklist to ensure no critical component of the transaction is overlooked.

Is the process of buying and selling property always this complicated?

The process is inherently complicated due to the significant financial and legal stakes involved. However, being very sure about the papers you prepare and seeking professional guidance from real estate agents and attorneys makes the process manageable and secure. Buying and selling of property was never that hard, if you do it properly.

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Sample Template Preview

SALES CONTRACT FOR PURCHASE & SALE OF REAL ESTATE

 

AGREEMENT dated this __________ day of _______________ 20______ by and between

_______________________________________________________________________

hereinafter known as the “Seller” whose address is

____________________________________________

and

________________________________________________________________________

hereinafter known as the “Buyer” whose address is

____________________________________________

1. THE PROPERTY. The parties hereby agree that the Seller agrees to sell and the Buyer agrees to buy the following property, located in and situate in the County of ___________, State of __________, to wit:

EXACT LEGAL DESCRIPTION TO FOLLOW

Also known by street and address as

__________________________________________________

The sale shall also include the following personal property:

anything not specifically included will be excluded, whether or not affixed to the property or structures. Seller makes no warranties, express, implied or for any particular purpose about the property, property value, improvements, building or structures, the neighborhood, the appliances, roof, plumbing, heating and/or ventilation systems.  Buyer takes the property and everything in or on it in its present ‘as is’ condition.”

2. PURCHASE PRICE.  The total purchase price to be paid by Buyer will be $___________ payable as follows:

Non-refundable earnest money deposit (see below)                         $ __________
Balance due at closing in cash or certified funds                               $ __________
Owner financing from seller (see below)                                           $ __________
New loan (see below)                                                                         $ __________
Assumption of existing loan with ______________                             $___________

In the event that buyer is required to obtain a new loan from a lending institution or bank, seller shall not be obligated to reduce the purchase price if appraiser does not appraise the property in an amount equal to the purchase price.

3. EARNEST MONEY.  Earnest money must be paid in cash or certified funds, which will be held in escrow by seller or escrow agent of seller’s choice.  Upon default of this agreement, seller shall retain earnest money as liquidated damages.

4. SELLER CARRY FINANCING.  In the event part of the purchase price is to be satisfied by seller financing, buyer shall provide seller with buyer’s complete financial and credit information for seller’s approval.  Within _____ hours after receipt of such information, Seller may terminate this contract and refund buyer’s earnest money if, in seller’s sole opinion, buyer’s creditworthiness and/or financial ability is not sufficient.

Buyer agrees to execute a FNMA promissory note and security deed prepared by seller’s agent to secure performance of payment.  Such security deed shall contain a “due-on-sale” provision.

5. ASSUMPTION OF EXISTING LOAN.  In the event part of the purchase price is to be satisfied by buyer assuming existing financing, buyer shall make any application, execute documents and/or provide such information as necessary to satisfy the holder of the security deed securing said indebtedness.  Buyer agrees to pay all fees and charges imposed by said security deed holder in connection with the assumption of said security deed.   If the actual loan balance of the existing loan is less than as stated above, purchaser shall pay the difference in cash at closing; if the actual loan balance is more than as stated herein, then buyer’s required cash payment shall be reduced accordingly. In the event that said indebtedness is assumed by the buyer without releasing the seller, the buyer agrees to refinance said security deed within __________________ years of closing.

6. SETTLEMENT.  Settlement will held be on ___________, 20____, time being of the essence, at a time and place designated by seller.  Closing agent will be _____________________________________________________.

At closing, buyer shall pay all costs in transferring title.

The following Items will be prorated at closing:
[  ] Mortgage insurance   [  ] Property taxes   [  ] PMI Insurance   [  ] Hazard insurance
[  ] Homeowner’s association dues [  ] Rents   [  ] Other ____________________________

Seller agrees to convey title by limited warranty deed. In the event that an abstract of title issued by the title company reveals defects in title, seller shall have the option of curing said title or canceling this agreement.  Upon cancellation, seller shall return buyer’s deposit.

Seller agrees to deliver possession of the property within _______________ days of closing.

7. NOT ASSIGNABLE.  This agreement is not assignable by the buyer.

8.  EXECUTION IN COUNTERPARTS.  This agreement may be executed in counterparts and by facsimile signatures.  This agreement shall become effective as of the date of the final signature.

______________________________          __________________________
Seller                                                             Date

______________________________          __________________________
Buyer                                                             Date

______________________________          __________________________
Buyer                                                             Date