How Does a Land Contract Work?

By: Cheryl Bowman

How does a land contract work? A land contract allows a buyer that cannot qualify for a mortgage, either because of credit scores or an insufficient down payment, to purchase property. It also allows the seller to sell his property for what he believes it is worth, rather than submitting to the restrictions of an appraisal.

Benefits of a Land Contract
When a buyer sells property under a land contract, she can request a smaller down payment and smaller or larger monthly payments than the local average. She can also charge the amount of interest she wants, within reason. Since a land contract is between the buyer and the seller, it is very flexible. Appraisals and surveys are not required, though it is a good idea for the buyer to get an appraisal and a survey to make sure the property is worth what the seller is charging.

Land Contract Basics
Land contracts are called different things, depending on the state the property is in. A land contract is also known as a trust deed, a contract for deed, a deed of trust, a note or a private mortgage.

The seller and buyer enter draft and enter into a contract. The contract outlines the terms of the deal, including the following:

  • The time of transfer of ownership of the property, which usually happens when the buyer can refinance the land contract or pay off the loan
  • The down payment
  • The monthly payments
  • The interest rate
  • The amount of time that the buyer will hold the note
  • The amount of the balloon payment, if any
  • The disposition of the property in the event the buyer defaults

Land Contract Drawbacks
There are some disadvantages to using a land contract. The buyer should review the contract carefully prior to signing, as he may lose the property if he misses just one payment. This information will be part of the terms. Any money that has already been paid is usually forfeited in this situation.

If the seller has a mortgage on the property, that mortgage must be paid off before the buyer refinances the property, otherwise the buyer will be responsible for that mortgage, in addition to her own mortgage. This could cause the property to go into foreclosure through no fault of the buyer. The buyer should make sure that the contract states that any encumbrances on the property are paid off prior to or at the closing table for the transfer of ownership. 

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