When the foundation of an agreement has been reached, exchange the names, addresses and phone numbers of the lawyers involved (i.e., your lawyer and the buyer's lawyer). Get the buyer to have his lawyer draft up the details of the purchase and sales agreement (what you negotiated together, independently or through The Offer Maker®) and have them sent to your lawyer's office. Putting this responsibility on the buyer will help gauge the seriousness of the offer.

However, after the buyer makes his sixth payment, I give him title to the property, that is I make and record a Warranty Deed to him, and hold a Promissory Note and Deed of Trust in return as security.  Finally, as boiler-plate, I have the buyer sign a Quit-claim Deed back to me which is annotated to only be recorded in the event of a default.  This, in one stroke lowers my foreclosure costs from around $1,500 to hire an attorney to perform a trustee’s sale, down to about $27 to record the Quit-claim Deed.  Since I create all the contracts and deeds myself from standard forms, I save immensely on attorney’s fees.  Using this technique, I am prepared both for the long-term sale as well as, should it be necessary, a fast and easy foreclosure.


When deeds are drafted as a part of a land sale, they have to be recorded to become a matter of the public record and protect the buyer's ownership rights. It is customary for buyers to pay for the cost of recording -- after all, it's the buyer that benefits from having his interest in the property entered in the public record. However, this custom isn't always the case, and some areas assign the fee to the seller, or to both parties equally.

Now, far be it from me to discourage using an agent.  This certainly is the easiest way and not necessarily the least profitable or most expensive, especially in a booming market.  In a less-than-booming market however, it’s good to remember that listing your property with an agent will subject it to comparison with dozens, perhaps hundreds of other listings, all competing with yours in features and price. Selling your property then, will probably require that a potential buyer finds it to be either the best he sees… or the cheapest.


I have a brokerage in Indiana, Kentucky, and Tennessee that focuses specifically in land, so what I have done is created a nationwide advertising service to attract more buyers. I advertise on several investor channels like CNBC, Bloomberg, Fox Business and then also channels watched by people interested in land and the outdoors like the Outdoor Channel.
If there’s a lot of money involved in this deal (like, more than a few thousand dollars) and if you’re AT ALL unsure about their level of competence or trustworthiness – then I wouldn’t hesitate to push for a professional title company or closing attorney to get involved. That will resolve pretty much all of the issues that can come up in this kind of scenario. If you don’t know them well, then you have every reason to be skeptical for your own sake.
A deed to transfer the legal title of the property from the seller to the buyer should be drafted and signed by the seller at the closing. This deed will be held in escrow until the final payment is made on the land contract and then filed with the appropriate government agency, such as the county clerk in the county where the property is located. Held in escrow means that the deed is held until a triggering event, payment of the land contract. A title agency, an attorney, or a financial institution may hold the deed in escrow for the buyer and seller.
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Equally, if you are thinking of buying a particular property, you don’t have to wait for a property to go on the market or appear in the real estate section of the newspaper in order to make an offer to purchase it.  There is nothing stopping you from approaching the owner directly and asking if they are prepared to sell their property if the price is right.

A closing statement should be prepared to show an accounting of the debits and credits to each the buyer and to the seller as part of the land contract transaction. An attorney or a title agency can prepare a closing statement for the parties. The closing statement may also contain an amortization schedule showing the projected payments to be made from buyer to seller to fulfill the financial obligation of the land contract.


Hi Laura – in pretty much every case, you’ll have to at least sign the deed in front of a notary, so it’s a little strange they didn’t mention that. If they aren’t going to use a title company, that’s not necessarily a deal-killer thing, but it means they really need to understand what they’re doing, and how to get everything properly documented and closed (and if they didn’t mention the deed/notary thing, that makes me wonder).
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Just like any sale of real estate, a land contract should begin with a purchase agreement. This is a legal document signed by a potential buyer making an offer on the real property for sale. The purchase agreement should indicate that the offer is for a land contract, and should state the purchase price, initial cash down payment, length of the payment term, and any other terms of sale.
There are times when it is absolutely worth the money to hire a professional closing agent (I usually do it when I'm paying more than $5,000 for a property and/or if the property's fair market value exceeds $10,000), but when you're buying a property for pennies on the dollar, there are a lot of cases where you can easily close the deal yourself and get by without this added cost.
Land buyers are going to be more interested in a property that’s in the right location than one that’s more far-flung. For example, a buyer looking to build up a housing development might be more interested in land that’s near the Kansas City metro area, as the houses built on that land will be more likely to attract buyers, especially buyers who work in the metro area.
Land buyers are going to be more interested in a property that’s in the right location than one that’s more far-flung. For example, a buyer looking to build up a housing development might be more interested in land that’s near the Kansas City metro area, as the houses built on that land will be more likely to attract buyers, especially buyers who work in the metro area.
We set up meeting at home this evening to pay “down payment” of $4500 and to throughly go over everything (house and paperwork wise) I am unaware of what the seller has in mind other than getting the money to hold it for us. Granted, we’ve only spoken twice to the man in charge from what I can tell. Once to say we were coming to look at the house (he was working so the brother and nephew showed us around and answered everything we threw at them) and again when we called him with our offer last night. Honestly, with as chaotic as it sounds it all seems legit to us and as you can tell we are through in every detail. Just want to be sure we’re going about the process the right way and not dreaming it up lol
Access: While few in number, there are still some properties that don’t have legal access – that is, a deeded access-easement, or frontage on a public road.  This is what is known as “landlocked” property, and it is of considerably less value.  If you see an extremely low-priced piece of land for sale, it may be a bargain, or it may just not have legal access.  Curing this can be fairly simple, but don’t count on it.  If it were an easy matter, it would likely already have been fixed.  In most cases, legal access will require a deed from the neighbor whose land you’re crossing, and folks tend not to like to sign deeds unless they get something of significant value in return.
And last but not least, you can advertise it for sale online. Three sites that I recommend, especially if you need to sell your land fast, are Bid4Assets.com, eBay, and Craigslist.org. The internet should be your medium of choice for those of you who are selling land that is located in very secluded and isolated areas of the country, far removed from civilization, since there won’t be any people nearby to see your “for sale” sign.
I sold a house in Illinois with assistance of an attorney four years ago. The attorney instructed the buyer to record the deed during the closing. The buyer has never done so. I still receive the tax bills that I pass on to buyer with requests that he record the deed. I took all documentation of the sale to the county recorder but was informed that only the buyer could record the deed. Any advice?
At the showing, make sure valuables and other confidential items are put away so the potential buyers are free to walk around. Try and keep the number of people in the house to a minimum. Give them some time and space to look around on their own, but be available for questions. Gather receipts for heating costs, taxes, past repairs, or renovations; buyers interested in the house will want to know these details.
Consider all offers. An offer can be accepted, rejected or countered. You choose how to respond but it's important to remain focused on your bottom line. Don't take any offers personal. Buyers generally are looking out for their best interest; you need to look out for yours. As the seller, you may decide not to counter if you think that the buyer is not serious enough to continue negotiations.
Owners wishing to sell their property privately, will not only save thousands of dollars in commission fees you will also not be paying the sometimes extraordinarily high adverting rates that most traditional agents charge the owners upfront. For our very modest marketing fee to list your property privately through our online service you can save hundreds, if not thousands, of dollars on this outlay alone.
The first obligation of a vendor to the purchaser is to make sure they can provide clear title to the purchaser, in other words, ensure your property can be freed of any encumbrances or orders or conditions at settlement so that the purchaser has clear title to the property.  Your lawyer or conveyancer can assist you with this but the obligation is on you so make sure these matters are worked out before you start signing contracts.
I suggest you go to your local real estate clubs and get more buyers there! You know, its like if you wanted to find a job really quick. You can go to several head hunters, several temp to hire agency, and you can put all these people to work for you - for not a dime of your money. Thats what I call people leveraging. When your at home, you are going to have several people calling you back to tell you about offers they have for you and you can then cherry pick the offers and take the one that best fits you. Real estate clubs are full of people who want to find you buyers - these people are called wholesalers. And guess what, you can have as many as you need. I say, work smart not hard!
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