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.
Although the process of selling land is less complex than selling a piece of property with a home, this is still a process that requires the help of a professional. Real estate laws vary from state to state, so it’s important to work with an experienced real estate attorney when selling your land. The help of a professional becomes even more important if you’re creating a land contract.

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.


Conducting a self-closed real estate transaction isn't appropriate for all people and situations. The process DOES require some significant attention to detail and organizational skills. Some people are very good at staying organized and keeping track of these details, and others aren't. Don't try to close your own deals unless you're willing to go slow and get the help you need to ensure you're completing each step in accordance with the laws and regulations of your state.
Agents, of course, will charge as much as 2.5% plus GST as commission on the sale of the property which, depending on the price, can be a significant sum.   However, if you have done your homework, whether you are the buyer or seller (we call them “purchaser” or “vendor”), it is possible to cut a fair deal, and to have all the documents prepared properly and legally, without the cost involved in having a real estate agent.
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.
Hi Walt – certainly. The delinquent tax list could be a solid way to get started. I typically look for land deals when I’m wholesaling, whereas most wholesalers are doing land… so that would be one key difference in the types of deals I look for (mainly because land is a much simpler type of property to work with – even though there may be fewer buyers for this type of property).
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!
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

Some states have laws that treat a land contract similar to a trust deed, and those land contracts provide for a trustee, giving a trustee "power of sale" to initiate foreclosure proceedings in the event the Vendee defaults on the contract. Other states give buyers a longer period of redemption, similar to those under a mortgage. For these reasons, it is important to reduce the chances of default by pre-qualifying the Vendee.
To help avoid these issues, land owners in Brentwood or elsewhere should consider having overgrown properties mowed and any existing garbage or junk removed before showing. If the property is too large to mow the entire piece, sellers should consider at least creating a convenient mowed area for parking near the entrance. In addition, establishing a few mowed walking or driving trails throughout the land can help to encourage prospective buyers to explore and view the entire parcel.

My neighbor and I both want to do this as inexpensively as possible. I’m not expecting to make much more than what is needed to cover the mortgage payoff and a little extra to cover closing costs. I’m not sure what level of professional help needs to be involved, but the realtor who handled the deal for the home I just bought said it was as simple as contacting a title company to cover the necessary paperwork. Is that true?
Advertise your property is for sale. Be sure to include location, price, dimensions and any other information that could add value to the land. For example, if your land has a lake view or beach access, it is important to mention that on the listing as well. Advertising mediums such as newspapers, television, signage or the Internet can be used to promote the sale of your property.
Land contracts are security agreements between a seller, known as a Vendor, and a buyer, known as a Vendee. The Vendor carries the financing for the Vendee, which may or may not contain an underlying loan. A main difference between a land contract and a mortgage is the buyer does not receive a deed or clear title to the property until the land contract is paid off.

For what it’s worth, I do know of at least one wholesaler who has worked in Florida for years (though he does use a title company for every deal, he doesn’t close them himself). Given the logistical challenges with assigning contracts, I wouldn’t recommend trying to do these types of deals without a title company – it requires A LOT more running around and coordination than just paying cash and buying the property yourself.
Depending on the property, you may even find that closing the transaction yourself can be faster and less cumbersome for everyone involved. If for no other reason – I've found that it's extremely helpful to have a basic working knowledge of how real estate transactions actually work. It's important to understand why title companies require what they do in a closing, which documents are an absolute must, and which documents are more discretionary in nature.
Just like you'd stage a home, you want the vacant land to show at its best. A lot overgrown with weeds is going to look less desirable in the eyes of a potential buyer than a lot that's apparently cared-for. Professionally trim trees, mow grass, remove weeds and perhaps plant wildflowers to show the property at its best. Visit the property weekly – or hire someone to do so – to remove windblown trash, beer cans, fire rings or anything else that might detract from its curb appeal.
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.
Pricing your home correctly is crucial when putting your property on the market. A property that is badly priced will take longer to sell than one that offers fair market value. You would need to do your research and get to know the local market inside out. Buyers can ask an agent to provide a comparative market analysis – a list of similar properties sold in the area, research asking prices for similar properties on Private Property or purchase a report from a property research company like Lightstone. Once you have the information required, you can set your asking price.
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).
Provide as much detail as you can. Land buyers want the facts, and they wanted them yesterday. When you’re listing your property, be sure to include the zoning, plus details on whether the buyer will be able to change the way the property is zoned. You also want to include details on taxes paid on the land and other typical expenses. If you can, include the tax-roll printout from your local land registry or county assessor and include the legal description of the land in the listing. You can also provide that detail when people come to look at the land.
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.
Nowadays all of my favorite software packages come for the same price: free.  So I’d check out what’s available at tucows.com or software.com.  You can also make a tolerable web page using Microsoft Word (which probably came loaded on your computer) however, if you’ve never made any web pages before, you’ll probably also be needing  web-space to put them on, and you can find both web-authoring software and web-space available cheap or free with a little thoughtful web-searching.

2.  Clean Up the Junk:  If you didn’t do this when you bought the place, now is the time.  Other than buildings of value, get rid of everything that didn’t grow there.  This doesn’t have to be a major ordeal.  First check out local laws regarding what, if anything, can be burned at your location.  Nearly all states have laws against burning old tires and many forbid burning other items such as other rubber products; wire; treated, painted or finished wood; plastics; garbage; heavy oils; asphalt materials; building materials, especially those containing asbestos; paints; and agricultural and household chemicals.  Then, if you have anything combustible, and plenty of water and a way to disperse it, go ahead and burn what you can, but make absolutely, positively certain the fire is out before you leave.  “Out” in this case means cold to the touch.
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.
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).
The title company charges for the escrow services that it provides. These services include holding the funds, providing a place for the closing and having one of their staffers calculate the cash flows in the transaction. Typically, the buyer pays all of the costs, but in some areas they can be split between the two parties, or they can even be paid by the seller, although this is rare.
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.
My neighbor and I both want to do this as inexpensively as possible. I’m not expecting to make much more than what is needed to cover the mortgage payoff and a little extra to cover closing costs. I’m not sure what level of professional help needs to be involved, but the realtor who handled the deal for the home I just bought said it was as simple as contacting a title company to cover the necessary paperwork. Is that true?
Next, it’s time to advertise.  Depending somewhat on the type and location of your property, you can find a handful of free advertising sites on the web and you should employ these, preferably with a link to your web-page(s) if that’s permitted.   However, few of these free sites bring you enough traffic to help much in the absence of some uncommonly good luck.
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