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
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.
In recent years, however, a combination of extremely low interest rates on savings accounts coupled with fluctuations in the stock market have helped to increase interest in the purchase of land as part of an investment strategy. These conditions may seem negative, but they can be good news for land owners. If you currently own vacant property that you would like to sell, the following tips are designed to help you get your land noticed by more buyers, increase your chances of getting a great offer and move on to a successful sale.
Now, when you get into the more expensive properties, as a general rule – it’s usually safer to work through a title company on those (and it’s easier to justify the costs too), and in those cases, you may not have a choice but to do a quiet title action, because the deal won’t close without this extra step. But again, since there will most likely be more profit baked into these larger deals, it may be easier to justify these costs.
In the very least, your land contract should include the address of the property and a full legal description of the land. It should also include the down payment amount, purchase price, the number of payments that will be made, the monthly payment amounts, and any balloon payments that may be required. You may also consider creating and attaching an amortization schedule.
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.
You may want to add an ‘escape’ clause, which allows you to keep the house on the market while the buyer sorts out the conditions of purchase (e.g. arranging finance, getting a builder’s report). If you receive another offer during this time, the clause gives the buyer a set number of days in which to go unconditional, and if they don’t you would be free to take up the other buyer’s offer instead.
As with other real estate transactions, land contracts require a “closing” to prepare, sign, and file all necessary legal documents. This article discusses the common steps a buyer and seller should take to close on a land contract purchase. For information on land contracts in general, see the Nolo article, The Basics of Land Contracts. And for a variety of useful articles on real estate closings, see Escrow and Closing in Nolo’s Real Estate section.
Negotiate the price with the buyer and finalize the paperwork. Once you’ve decided on a purchase price, you can write up your contract. Free contracts can be found online or you can contact a real estate attorney. Some states also require additional paperwork, such as a land disclosure form, so be sure to do your research before completing the transaction.
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.