If youre providing seller financing, youll 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.
If you have plenty of time and are not in a hurry to sell the property, and would like to do very little work I would suggest listing it with a broker. They will be able to create a listing for the property, answer phone call and emails, and handle the closing. The downside of this approach is comes at a price and you typically only get local exposure and most real estate agents who deal with both land and homes will most likely put more effort into selling their homes as the commissions are greater.
When people are selling their homes, they hear a lot about the value of staging to make the home look better and to speed up the sale process. While you can’t really “stage” your land — unless you want to strategically place a few cows or sheep here and there to make farmland look more “farmy” — there are several things you can do to speed up the process of selling your land.
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.
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.
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).
We are buying a home (FSBO) with cash from a friend, and want to avoid ridiculous closing costs. The seller is in Chapter 13 bankruptcy and the bankruptcy court has lifted the “stay” that had protected the house from foreclosure. We have contacted her bank (mortgage holder) and informed them we want to buy the house, and they have provided us with the payoff number. Does this package tell me everything I need to do to close this deal myself?
I've seen a lot of different situations and dealt virtually every type of buyer, seller, lender and property type imaginable. After working through many of the different scenarios that can materialize in the real estate closing process, I have to admit – I understand why most people are intimidated by the idea of closing a real estate transaction themselves. For understandable reasons – there can be a lot of confusion and fear about how to close a real estate deal without the assistance of a professional.
A closing statement should be prepared to show an accounting of the debits and credits to each the buyer and to the seller as part of the land contract transaction. An attorney or a title agency can prepare a closing statement for the parties. The closing statement may also contain an amortization schedule showing the projected payments to be made from buyer to seller to fulfill the financial obligation of the land contract.
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.
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.
However, if two or more people are buying or selling the property (like a married couple, for instance), you need to pay close attention to the details and verify how they should be holding or transferring the title. Some states use slightly different terminology – but these are some of the more common ways that two people can hold the title to a property.
Land buyers are going to be more interested in a property that’s in the right location than one that’s more far-flung. For example, a buyer looking to build up a housing development might be more interested in land that’s near the Kansas City metro area, as the houses built on that land will be more likely to attract buyers, especially buyers who work in the metro area.
The land contract should also state how the payments are to be made, including the due date, any grace periods for late payments, late payment fees, and where the buyer should deliver each payment. Typically, the land contract buyer will be treated just like the property owner and thus will be responsible for the taxes on the property, the insurance, and any utility bills including water and sewer which are typically billed directly to the property.
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Seth, I hope I’m not pestering with too many questions. Your web site has been invaluable. It’s probably covered on your web site, but I may have missed it: In a purchase transaction where we are closing the deal ourselves with a Notary, when do we mail the seller their cashier’s check. After the County returns your stamped documents? Supposing the seller is uncertain. What would you think of (A) leaving the cashiers check with the Notary to mail directly to the seller upon recording of the transaction or (B) including something in the packet we mail to the effect of “transaction will be voided if seller does not receive payment in the agreed upon amount of _________________ within two weeks of recording”. I like the idea of including a copy of the cashiers check. Or is this just too much of me worrying over nothing?
So your home is for sale, and you've signed a contract with a real estate agent, but you were actually able to nab a buyer through your own efforts. Maybe it was through word of mouth or your aggressive push on Facebook (you should really apologize to your friends for posting so many pictures of your house!), but someone is writing you an offer and really wants to buy your house. Having found a buyer on your own, are you still legally obligated to pay real estate fees or commission? Here's how to know if you're on the hook.
Demand a Title Insurance Policy. Title searches of the public records will also show liens or judgments filed against a buyer. The title company will likely ask for satisfaction of those encumbrances before it will insure the land contract on a title policy. Ask to see a copy of the preliminary title report (or commitment for title insurance) to determine if a search reveals anything about the buyer.
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.
A seller who accepts the terms of the buyer’s purchase offer should sign the offer making it an official purchase agreement. The seller may be required by law to provide certain disclosures such as of any known defects of the property, including the existence of any lead-based paint. Required real estate disclosures vary by state, and a real estate professional or attorney may be able to assist sellers with these forms. For details, see the Nolo articles under What Sellers Must Disclose About a House’s Condition in the Selling a House section of this site.
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.
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).
Part of the reason for a title company is not only to help facilitate the closing, but also to make sure everything is prepared properly, and (perhaps most importantly) to be a mediator who can handle the documentation and transfer of funds (making sure both parties do everything completely, and that you actually get paid). If there’s no title company involved with this closing, I would be sure your dad and the mortgage company get paid either before or at the same time your dad is signing his documents, to ensure that everything is completed, and you/he actually gets paid.
If you need to find a buyer fast, our company is in the land buying business. If you've got time to wait for a few months, then get it posted on your standard online sites (don't underestimate Craigslist!) and consider hiring an agent. If that doesn't work out or you don't feel like waiting, we've got a network of buyers at Landmark Property Buyers.