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.
Some people prefer to cut out the middleman when selling property, which means selling land without a Realtor. If you go the for sale by owner, or FSBO, route, you don’t have to pay a commission to an agent. The drawback is that you’re likely to sell for less than you would at auction, and it might take considerably longer for the sale to go through. You also have to manage all the advertising, negotiations and paperwork yourself!
Hi Dothan – thanks for asking! The package explains all of the standard steps for handling the closing in-house, but it’s geared more towards vacant land investors (and vacant lots are a bit simpler to close on than a standard home). If you’re working with a bank, they might even require that you go through a title company (and honestly, if the purchase price is $10,000 or higher, it should be fairly easy to justify the closing costs).

While it can take some work to find out what some people want, that’s just not the case with homebuyers. They aren’t going to play their cards close to the chest or make you guess about what they’re looking for. No, homebuyers are an upfront bunch. They know what they want, and if a house doesn’t deliver, they’ll let someone know — just watch an episode of House Hunters if you don’t believe us.

1.  The Road:  The better the condition of the access road, the better impression your property will make.  If your land is three miles of bad county-road away from pavement, then I wouldn’t waste a lot of money making the access from the county road any better than the county road itself, but remember that you can do quite a bit to civilize a dirt driveway with a tractor and blade.   If you don’t have too much length to cover, there’s no substitute for a layer of 1” crushed rock (or larger rock in deep mud-holes).  One layer of 1” rock one lane wide will cost you about 75¢ per foot around my neighborhood.  Needless to say, if the property is on a road maintained by the county, or some other local government entity, and if this road has any work that needs to be done, this is an excellent time to complain politely about it to the wonderful folks on the Road Board.  Most counties grade their roads once or twice a year, but some roads that don’t get much traffic may be neglected if no-one complains.
If Mark has more than one piece of land to sell per week, or if he has exhausted his buyer’s list, he posts raw land investing deals to Craigslist. “Craigslist is the 10th most trafficked website in the US,” he said. “We use a program called Posting Domination. I’m able to automate 124 postings a day, all at the click of a button. It’s unbelievable. So we sell everyday on Craigslist, and we are building our buyer’s list everyday on Craigslist.”
To set your price, check around your neighborhood / community for comparable homes for sale. Get familiar with how other similar homes are priced. If you'd like a little more help in this area, the alternative to determining a price on your own is to use a professional appraiser. The initial cost of an appraiser is still much less than the end cost of commission. It's important to revisit your pricing strategy from time to time using all the available information you have.
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.
While it can take some work to find out what some people want, that’s just not the case with homebuyers. They aren’t going to play their cards close to the chest or make you guess about what they’re looking for. No, homebuyers are an upfront bunch. They know what they want, and if a house doesn’t deliver, they’ll let someone know — just watch an episode of House Hunters if you don’t believe us.
While a land transaction is different in many ways from a real estate transaction in which improved property changes hands, it's still a real estate transaction. Land sales still involve escrows and title insurance and are still subject to transfer taxes. As with any other transaction, there are customs for who pays which expense at a closing, but the customs are also set aside when the purchase agreement for the land specifies a different procedure.
Disclaimer: Please be aware that I am not an attorney and the information in this article should not be interpreted as legal advice. Every state has different laws and every real estate transaction has unique variables that can affect these standard documents listed below. Even though these are the exact steps & documentation that I use in my closings – don't assume that this information is fully applicable to your situation. Before you act on anything described below, be sure to consult with an attorney or legal professional in your area to confirm you're following the right steps and procedure.
If all else fails, and you're still not happy, check to see if your contract has a cancellation clause. Depending on the situation, some agents may agree to nullify the contract, although they may charge you an early cancellation fee, says Realtor® David Welch, with RE/MAX 200 Realty in Winter Park, FL. If an agent won't release you from a contract, try speaking with a lawyer about breaking it. And remember, all listing agreements eventually expire, within three months to a year.
When you’re selling land, you might have a potential buyer base in your backyard. It’d be peculiar for one homeowner to buy their neighbor’s home, but it’s not so weird for a neighboring farm or another nearby landowner to consider buying the property that’s just next door, so to speak. It could be your neighbors have been looking to expand their farm for some time now. You selling your land provides a mutually beneficial opportunity.

If you have created a land contract, you’ll 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 you’ve 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.
Closing a real estate deal involves a fair amount of work and attention to detail (and of course, there’s always the chance that you could do something wrong). With a property like what you’re describing, the value that a professional closing agent brings to the table is a pretty easy thing to justify spending money on. In Virginia, I believe either an attorney or a title agency could do the job (but this kind of thing varies from state to state, so you may want to ask a local real state agent what they recommend).
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.

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.


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A lot of attorneys would love you to believe you have to cough up $1,000+ every single time you need to close a deal. There may be the occasional case where you have a VERY complicated deal that ought to be handled by an attorney (and in some states, the involvement of an attorney is required – see this blog post for more information), but I've found that in many cases, there is nothing wrong with using these basic templates to close transactions in-house.
For some landowners, the idea of working with an agent is appealing. Real estate agents, especially those who specialize in land sales, know the market well and can help you get a reasonable price for your land. But the problem with working with an agent is you have to wait for the buyers to come to you. When they do come, they are often the ones dictating the terms of the sale, meaning you might end up getting less for your property than you had hoped.
Additionally, the land contract should indicate how many payments will be made, their due dates, grace periods (if applicable), fees for late payments, and how the buyer should deliver each payment. Under a land contract, buyers are usually treated just like a property owner, and will be responsible for paying property taxes, insurance, and any utility bills associated with the land use.
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.
When we are buying land for our personal accounts, we always try to negotiate immediate possession for “purposes of making improvements.” This catch-all phrase gives us the opportunity to get a head start on simple improvements such as rotor mowing and clearing brush. You must be able to get the Prospects on the property before they can make an informed decision to buy. Often the prime spots which would normally “close the deal” are grown up in briars and brush. In many husband and wife instances, only one partner wants to move out in the country. The husband may be trying harder than we are to sell his wife on rural living, but if she can’t see the creeks, views, and big trees, then neither he nor we will be successful.
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.
The county should be fully aware of this change in ownership because they recorded your deed, but in many cases – the city or township administration is in a completely separate office and they don't share the same systems with the county. As such, they need to be notified separately about the property's change in ownership (and if they aren't made aware of the change, they'll continue sending the property tax bills to the old owner).
Thinking of selling your land? Whether you’re working with a real estate agent or selling your property on your own, there are certain documents that you’ll need in order to close the deal. While requirements may vary depending on your state, there are a few general documents that you’ll need in order to legally transfer your property to the buyer.
Comparables for land can be trickier than for home sales in your area. Although the assessor's valuation on your taxes can provide a starting point, consider factors like whether your property has utilities to the property line, views, zoning and any preapproved building plans to determine its worth. Location is always one of the most critical factors. In San Francisco's Pacific Heights area, for example, a buildable cul-de-sac lot of less than 4,000 square feet can sell for more than $9 million.
If all else fails, and you're still not happy, check to see if your contract has a cancellation clause. Depending on the situation, some agents may agree to nullify the contract, although they may charge you an early cancellation fee, says Realtor® David Welch, with RE/MAX 200 Realty in Winter Park, FL. If an agent won't release you from a contract, try speaking with a lawyer about breaking it. And remember, all listing agreements eventually expire, within three months to a year.
Make sure the deposit is held by the conveyancer of the vendor, not the vendor if unrepresented.  A conveyancer has professional obligations with respect to the retaining of deposits which are effectively held on trust for both parties in a transaction pending completion of its terms.  A lay vendor has no such professional obligations, although they of course have legal obligations but those obligations can often only be “policed” in Court.
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.
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.

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.
Back in the day, there was so much available land in the U.S., especially in Kansas and other Midwestern and Western states, that the federal government was giving it away for next to nothing. Thanks to the Homestead Act of 1862, settlers who made their homes on land and stayed there for at least five years could take ownership of up to 160 acres, all for the price of a small filing fee.
Soil Terrain and Vegetation: Most small landowners will prefer a mixture of hill and valley, but level agricultural land is usually more expensive than hilly ground.  However, if your property is smaller, say less than eighty acres, there will probably be a better market for the mixed terrain that includes level bottomland and forested hills.  Likewise, the best overall market exists for small properties with a mixture of forest and meadow as opposed to all woods or all field.
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