How Does a Land Contract Work

People want to have their own house.  It is a common aspiration.  But in today's extremely tight credit market (think US financial bailout), a potential home buyer may not be able to obtain financing from a traditional bank or a mortgage company.  In this case, a buyer may choose to purchase real property through a land contract.

A land contract sometimes known as a "contract for deed", "trust deed" or an "installment sale agreement" is a contract between a buyer and a seller of a real property wherein the seller provides financing to purchase the property for an agreed-upon purchase price and the buyer repays the "loan" in installments.  The seller holds the title or the deed to the property until the buyer completes all payments stated in the contract.

Purchasing a property by way of a land contract can prove beneficial to the buyer.  He/She does not have to contend with hefty down payments, credit requirements or other tedious bank financing prerequisites.  Initial costs incurred with a land contract are also significantly lower than those through bank financing.  Likewise, the seller does not have to wait for lengthy bank processes.  Furthermore, property sold via a land contract can be priced higher than if sold through bank financing.  Since the buyer is not obligated to pay a large down payment, the seller can ask for a higher price or a higher interest rate enabling the latter to realize a considerable profit.

Under a land contract, the buyer and the seller enter into an agreement that stipulates that the seller shall only transfer the legal title of the real property until all agreed-upon payments have been paid in full.  During the duration of the contract, the seller allows the buyer to occupy/use the property for purposes other than legal ownership provided the buyer is not in default.  In most land contracts, the purchase price is typically paid with a modest down payment and then periodic installments for a set period of time.  At the end of the course of the payments, the buyer pays off the balance with a balloon or lump sum payment.  When the full purchase price inclusive of any interest has been paid, the seller tenders the legal title to the property to the buyer. 

If the buyer defaults on his/her regular installment payments or fails to make full payment at the end of the land contract, the seller may re-possess the property.  The buyer loses any payments made including the down payment and equity through his/her periodic payments.  Money and time spent on improvements on the property will all go to waste.  Thereafter, the seller is not required to transfer the deed to the buyer.

On the other hand, if the seller owes a mortgage on the property and has not settled the entire loan prior to the buyer's final payment at the end of the contract, the latter may be forced to pay off the mortgage to prevent foreclosure on the property thereby losing his investment.  Aside from mortgage on the property, there can also be back taxes or other liens that the seller owes.