A land contract may be advantageous to both buyer and seller.
Benefits to buyers.
There
may be a buyer interested on our property for sale but because of their
credit history or other reasons, cannot obtain approval for a needed
mortgage. We can enter into a sale by land contract so that the buyer
makes monthly payments directly to the us,the vendor.
Benefits to sellers.
The
seller does not receive the full purchase price up front, like the
seller would if the buyer used a mortgage or paid all cash, but the
seller may have more options for potential buyers.Also, the seller may
be able to negotiate a higher purchase price on the property by offering
a sale by land contract. The seller(Ndatani) may also require and
receive a large cash down payment.
Buyer's New Ownership of the Land Contract Property
While
the buyer is making payments to the seller, the buyer is considered to
have an “equitable title” to the property. As an equitable title holder,
the buyer has an interest in the land contract property and the seller
is precluded from selling the property to a third party or subjecting
the property to a lien or encumbrance that would interfere with the
buyer’s interest in the property.
The “legal title” to the property
thus remains with the seller until the buyer makes the final
payment.When the final payment is made, and all conditions of the land
contract are met, the deed to the property will be filed with the
appropriate government office,such as the county register of
titles,naming the buyer as the new owner of the property.
BUYER FAILURE TO PAY THE DEBT IN DUE TIME
If
the buyer defaults on the land contract,or fails to make the monthly
payments to the seller as required,the firm(seller) can file a court
action called land contract forfeiture.Forfeiture will result in the
buyer giving up 10% of the money paid to the seller for the property
pursuant to the land contract and the equitable title of the buyer will
be pulled off.Basically,if the buyer fails to pay, the seller will keep
10% of the money received, plus the seller keeps the real estate.
The
seller takes a risk selling by land contract because the he does not
receive the full purchase price at the time of sale,but a forfeiture
right protects the seller from a buyer who fails to pay allowing the
seller keep payments and usually large down payment made by the buyer
while retaining the property to offer for sale to someone else.

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