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Contract for Deed

Those who don’t qualify for a mortgage can still purchase property using a Contract for Deed. With this contract, the seller extends seller financing to the buyer, bypassing the banks and the mortgage. Rather than making monthly mortgage payments, the buyer pays the seller in equal monthly installments, and the deed or title will be withheld until all payments have been made. In essence, the seller retains ownership of the property until it is paid for.

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Individuals who want to purchase a property without turning to a traditional lender for a mortgage can enter into a Contract for Deed with the seller. A Contract for Deed is most popular with those who do not qualify for a mortgage because of an insufficient deposit, bad credit history, or low debt-to-income ratio.

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A Contract for Deed comes with a high degree of inherent risk for both the seller and the buyer. It has to use specific language to pass legal muster.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Contract for Deed?

To create your document, please provide:

  • Seller information: The legal name and contact number of the seller
  • Buyer information: The legal name and contact number of the buyer
  • Property information: The address and parcel number of the property
  • Price details: The full purchase price of the property
  • Number of installments: The total number of payments to be made
  • Down payment: The amount of the down payment, if any
  • Late payment penalties: Penalties if the buyer is late with the payment
  • Buyer and seller responsibilities: The responsibilities of both parties for the duration of the contract
  • Interest rate: The interest rate imposed on the principal of the loan (purchase price minus down payment)
  • Signatures: Both parties must sign the document

Contract for Deed Terms

  • Buyer: The party purchasing the property from the seller
  • Seller: The seller of the property
  • Installment: An arrangement where the purchase price is split into equal amounts to be paid over an extended period
  • Down payment: An amount of money paid upfront as a sign of commitment, usually expressed as a percentage of the full purchase price
  • Deed: An instrument of legal transfer, in this case, the ownership of a property

Contract for Deed Signing Requirements

The Contract for Deed requires the signature of the seller and the buyer. Notarizing the document is not necessary.

What to Do With Your Contract for Deed?

After you have generated your Contract for Deed on 360 Legal Forms, download and print copies. Both parties sign the Contract for Deed, after which they should each keep a signed copy of the document in their records.

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Frequently Asked Questions

The monthly payments for the Contract for Deed will depend on the term of the agreement. The full price is divided by the total number of term months. Some of the monthly installment goes towards the principal and the rest towards the accrued interest. Buyers might have to pay much higher interest rates than what financial institutions would charge for a mortgage.
The primary benefit for buyers is they can purchase property without applying for a mortgage. A low credit score or bad employment history may not prevent you from entering into a Contract for Deed with a seller, unlike with a bank. Buyers can also negotiate the down payment and forego the fees that come with traditional mortgage loans. It may be faster to execute a Contract for Deed than apply for a mortgage.
As mentioned above, it is possible to agree to a Contract for Deed faster than achieving a mortgage sale. If a buyer defaults on the terms, the seller can terminate the Contract for Deed without refunding the payments collected thus far.
While the goal may be the same — property ownership transfer — the mortgage and the Contract for Deed are two different instruments. The Contract for Deed is between a buyer and a seller, and the seller holds the property title until the contract is satisfied. A mortgage loan is between a buyer and a financial institution; the buyer gets the property title, and the lender holds a lien over it.
Each seller and buyer can negotiate and agree to the term of the Contract for Deed. The average term length is five years, though it can be longer or shorter.

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