What is a Land Contract?
A land contract is a contract between the buyer and a private seller of a property, wherein the seller holds the title or deed to the property until all agreed upon payments have been made in full. Because the laws governing land contracts can vary by state, it is important that the governing laws be consulted to understand the particular rules that control a specific scenario. The property at issue within a land contract may be improved or unimproved, vacant, or a home or a commercial building. A DOWN PAYMENT is usually made, and then equal monthly installments are paid until the property is paid for or until a Balloon Payment is required. A balloon payment is a lump sum of money that is due at a specified time, in this case at the end of the course of monthly payments.
A land contract can be compared to renting or leasing with the option to buy, though they are not entirely one in the same. Such options are different in that the agreement is usually filed and is a legal arrangement, giving the renter or lessee the option to buy the property at a prearranged time during the loan. Rent payments then become equity in the property.
While lease-to-own or rent-to-own agreements are typically recorded, a land contract may not be, making the legal recourse of the buyer tenuous should the agreement be flawed in some way. For example, if the seller still owes a Mortgage on the property, the buyer assumes that the seller will use his monthly payments to pay the mortgage as well as any taxes or other liens keeping the title free of encumbrances. If this occurs, the buyer owns the property free and clear at the end of the contract. If the seller does not keep up with payments owed, there could be trouble for the buyer. For this reason, getting the agreement in writing is important.
While a land contract can seem very attractive to a buyer that is unable to secure a conventional loan, there can be pitfalls to such an arrangement. Many sellers don’t file or record the proper papers. Sometimes this is because the lender would not agree to a sublet agreement or land contract. The lender may have stipulated that the borrower must have possession of the property. Making an end run around this provision by refusing to file the land contract can cause problems if the lender becomes aware of the situation.
The lender can demand payment in full of the loan, forcing you to procure a loan to pay off the mortgage if you don’t want to give up the property. If you can’t come up with the money, you’ll lose everything you have invested in the property and be forced to move out. This can be especially painful if you have also spent money and energy improving the property.
Even if there is no mortgage on the property, there can be taxes or other liens that the seller owes, which could cause you to lose the property or force you to come up with extra money. If you decide to take part in a land contract, make sure the title to the property is clear. Make sure the seller intends to file the proper papers to insure that you have some protection.
A land contract can be beneficial to buyer and seller alike as long as everything is above board. If you are unsure about any aspect of a land contract, consult with a real estate lawyer and have him or her look it over.
BoardWalk Premier Realty INC