If you have an underlying loan, given a choice between a straight contract or a wrap-around contract, offer the wrap-around land contract. It will give you an override on the existing interest rate of the first mortgage. Ask for legal advice about an alienation clause. The lender could call your loan due and payable if the lender discovers you have sold the home through a land contract.
I do most of my own title searches these days, but only because I know what I'm doing. If you have no idea where to start (even after watching the video above), there's nothing wrong with playing it safe and hiring a title company to handle this for you. Pay attention to what they're doing, ask a lot of questions along the way and learn how to do it yourself for future reference.
It’s possible to do all of the above tasks yourself, but most people prefer to have at least some of these (e.g. checking over the sale and purchase agreement, the transfer of the title) done by an experienced professional. In particular only people with a licence from Land Information New Zealand can transfer a title online, otherwise you need to do it manually.
If you have created a land contract, youll also need a memorandum of land contract. This is, essentially, an abbreviated legal document that references the main contract created. This simply serves as a public notice that the buyer is interested in the property without you and the buyer having to disclose and record the entire land contract. Because the deed of the property will not be filed until youve received full payment on the purchase price indicated in the contract, this memorandum will be filed with the county and the city to serve as a record that the buyer is interested in the property.
The first thing you must do when you have signed a contract to buy a property, especially where there are professionals involved in representing the interests of either party, is to lodge a caveat to protect your interest in the property until settlement. A caveat will stop the vendor from selling to someone else or encumbering the property without notice to you.
Things get tricky if the listing agreement confers an exclusive right to sell. This means the real estate agent has the sole right to sell the property. All offers must go through him or her, and for any sale, you're obligated to pay the agent the commission spelled out in the contract, according to Marc D. Markel, a board-certified Texas attorney in residential and commercial real estate law. Agents rely on these exclusive listing agreements to avoid putting in what can be months of free work without seeing a payoff. For this reason, the agreement outlines the many ways an agent earns a commission, including what happens if the seller breaches the exclusive agreement.
Agents are generally pretty good at protecting their clients’ position. They also have a vested interest in ensuring that settlement proceeds without delay so that they can get paid their commission. Without an agent, and in particular without a lawyer or conveyancer involved in the negotiation process, vendors and purchasers can sometimes commit to terms and conditions that are unworkable, ill-advised and even unlawful. For example, vendor finance clauses, rent-to-buy conditions, options and the like are very complicated even for seasoned investors. Getting conveyancing and in particular legal advice and assistance is the key.
Whether you inherited a piece of property that doesn’t mesh with your goals, discovered that you simply need to live in another part of the world, or even if you bought a piece of property and later just fell out of love with it, selling land, particularly in a poor market, can appear to be a daunting task. The amateur’s first reaction is usually to list with a real estate agent and hope for the best.
You can also look to certain companies and organizations that have a concentration of people that may fall in the above mentioned roles such as investment companies (i.e. Charles Schwab, Fidelity), financial advising companies (i.e. Morgan Stanley, Merrill Lynch). There may be a higher concentration of people who can both afford and want to build their own custom homes or to build income-producing properties. Try linking yourself to financial advisors who may already know of people who have these types of dreams. This isn't a comprehensive answer of all the possibilities but just some thoughts. Good luck!