As for which states these forms work in, I definitely haven’t used them everywhere – but I have used them in a handful. The best way to verify their validity would be to contact a local title company and just send them both templates. As them, “If I get you the fully executed copies of these documents, will you be able to close the deal for me – or do you need to see something else?” This is usually a good way to test the waters before you actually go through the work of getting the contracts signed.
Have a pre-prepared contract and Form 1 statement at the ready, to be signed when you find yourself a buyer who is prepared to pay you the right price.  You must remember that on most occasions purchasers have a right to “cool off” on a contract that they have just signed which they can exercise at any time and for any reason within 2 clear business days of signing the contract.  It is therefore critical that you strike while the iron is hot.
If you own a piece of land that you’re thinking about selling, you need to know how to sell your land the proper way and at the proper time in order to maximize your ROI. Land is one of the most significant investments that you can make in your lifetime. So, if you are thinking about selling your land, you need to be absolutely sure about your decision.

If the sellers do find a buyer on their own, despite having a contract with an agent, they may be able to negotiate a reduced commission with the agent. But the sellers should be up-front about their potential to find their own buyer when drawing up the exclusive-right-to-sell listing agreement, says Markel. Maybe they know of a friend of a friend who is looking for a house, or they plan on marketing their home on social media.
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.
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.
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.
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.
One way you can do this is by using a third party escrow service like SafeFunds.com (I’ve never used them, but I know some who have and I’ve heard it works well). You could also give the cashier’s check to your mobile notary (if you’re using one) and they can deliver it to the seller after they’ve completed their documents. You could also just make a copy of the cashier’s check (to give the seller evidence that you have the money and it’s ready to go), and send this to them along with their docs to complete… and then you could mail it to them AFTER you receive everything from them.
If the neighbor isn’t interested, the next best option is to go to your buyer’s list. “What I like to do every single day,” said Mark, “is [to] do something to create some value or educate people on the benefits of owning raw land.” Then, he will end the content with a call-to-action. Two example of calls-to-action would be, “If you want to learn more, just opt-in here” or “Get $250 off your first land purchase.”

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!
California's basic transfer tax is $1.10 per $1,000 of value, and generally the seller pays the cost. If a $575,000 piece of land changes hands, the seller will pay the entire $632.50 tax at closing. Some cities also impose transfer taxes, which vary from $1.10 to $15.00 per $1,000 of value transferred, depending on the value of the property and the community in which it is located. The custom is for the buyer and seller to equally split the tax in most cities, but in some areas sellers customarily pay the entire tax.
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 you sell land by yourself, this is called a private sale. So, you will need to find a private buyer. It may help you to talk with local farmers if you are looking to sell raw land; farmers have all kinds of experience in purchasing land for their crops. If you are selling your land on your own without the aid of a real estate agent, this next section is for you.
I found the affidavit that you linked to and I get how to fill it out but the thing I’m stuck on is the notarizing. It has to be signed by both the seller/buyer and notarized. Obviously we aren’t near one another; can this document be notarized separately? Should I sign/notarize and then send it to the buyer for them to do the same? Have a mobile notary go to them? Any best practices?
If you feel that you have been a victim of real estate fraud, there are many resources available for you as the victim. Your first step is to contact the local District Attorney’s office and report the incident. Our office will stand by you and provide any relevant information to support your claim. Here are additional agencies that can assist you and provide more resources:
Hi Sean! When I do my own title search, it’s because I’m NOT planning to get a title insurance policy (mainly because the property is so cheap, and the extra cost is difficult to justify). And yes, I am always sure to get a Warranty Deed from the seller. If I find any apparent problem in the title search, then I’ll usually walk away from the deal unless it’s VERY minor and/or we’re able to resolve the issue as part of my closing.

chattels: items that are not fixed to the land or building structure e.g. fridges and are only included if specifically mentioned in the sale and purchase agreement. If chattels are included in the sale, they should be listed in detail in the sale contract. Some standard sales and purchase agreements included common chattels such as stove, fixed floor coverings, blinds and curtains.
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 Seth, and thanks for the quick response! I’ve looked at the steps you’ve outlined, and, other than a few required disclosures when selling a house, the steps seem the same to me. I’m just not willing to pay a third party 2300 bucks to close a cash deal on a 54k property. It’s just not right that I can go pay cash for a 54k car, but somebody else’s hands have to be in the pot when I buy a 54k house for cash! Arghh! I’m going to buy title insurance because the owner is in bankruptcy, but I really don’t see anything else that I can’t do by myself. I’m waiting on a couple of quotes from different title companies, but I’ll likely buy your package and go from there. Even if it doesn’t work out for this deal, I’m sure I’ll be able to use the info on future land only deals!
There always seems to be an endless pile of paperwork and a lot of legal hoops to jump through (everybody wants to protect themselves from liability, etc).  While some of this documentation is certainly good practice – I've learned that when you boil it all down, closing a real estate transaction is actually a fairly simple process – especially when it's an all-cash transaction (no financing or mortgages involved).
With this in mind, I spent several months putting together a full-blown course that explains how this process works from start-to-finish. The course is designed specifically for people working in the land investing business, and it comes with dozens of video tutorials and document templates that give an in-depth explanation of each step along the way.
Whether you’re selling your land yourself or with the help of a real estate professional, it’s important to ensure that you have all the necessary documents to complete the transaction. It’s highly recommended that you consult with an attorney to ensure that your contract includes all of the necessary information and to ensure that you aren’t missing any important documentation. If you plan on selling the land yourself, be sure to do your research to avoid complications during the sale process.
Make no mistake, though: Working without an agent requires a huge investment of time, knowhow, and effort. You need a wide range of skills, from home staging to salesmanship to negotiating. And you need to be able to completely divorce yourself from the emotions that can arise when a buyer takes a dig at your curb appeal or lowballs the offer on the beloved home where you raised your family.

If you’re providing seller financing, you’ll still need to draft a deed, but this deed will be held in escrow until the final payment is made. Once that payment is made, the deed will be filed with its respective government agency, typically the county clerk. You can have an attorney, title agency, or a financial institution hold the median in escrow for you until the buyer makes the final payment.
Hi Seth, thank you for all this information, it’s a great post! I have a question hopefully you can help. My dad is selling his house to a company that buys “as is” in cash, they’re the ones doing all the work and they told me he would just have to sign the documents that they would send to closed the deal, (they’re also paying all closing cost) the thing is that the house is located in Georgia and my dad lives in Indiana, so they said they would send the documents to my email and he can do the e-sign. He already sign a Standar Purchase and Sale Agreement, I asked them if my dad needs to sign the documents in front of an attorney or notary and they said no, it’s this true? Since I don’t have any expertise on this I’m just helping my dad because he doesn’t speak English, I’m a little worry that I might be doing something wrong by not asking the right questions. Also for the payment they said they’re going to make the payment to the mortgage company and then send my dad the remaining money as a wire or cashier check whichever my dad prefers, is this also right? Help please!

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 Ben, you could use these for houses as well (I have in the past). The only caveat is that most houses have a lot more variables to consider (inspections, mortgages, utilities, etc.) – so it’s not a bad idea to at least consult with a title company or closing attorney and ask if they know of any other items you’d be required to have completed in your state.
In terms of paying off the mortgage, you’d have to work directly with the lender to make sure they get paid and that they discharge their mortgage. If you’re unsure about how the process works, then honestly – it probably is best to just work with a title company. It may cost a few hundred dollars more – but for a property like what you’re describing, that’s what I would be doing anyway (I use title companies for anything in excess of $10K). They will take all the guesswork out of this process and make it WAY easier to get the job done.
An attorney’s office or a title company can prepare closing documents for a land contract sale, but only the parties themselves or an attorney can prepare the actual land contract document and land contract memorandum. It is important to keep copies of all documents involved in closing on a land contract to verify required filings are performed and to protect each party’s interests in the sale.
Other options to consider are selling your land with owner financing which makes it easier for people to afford. Trying to find cash buyers can be difficult depending on your asking price and banks don't typically want to lend on vacant land. Also, if you have land you want to sell in a hurry and you'd like to get cash for it there are a number of wholesale land buyers that make be interested in making you a cash offer for your land.
×