Should you sign a land contract?

by Ann Hayward 03/25/2024

A land contract is a great way for sellers to increase their number of potential buyers. It gives individuals the opportunity to own a home even if they aren’t able to get traditional financing. 

What is a land contract?

A land contract is an agreement between a buyer and seller that typically doesn’t need traditional financing, such as a mortgage. The seller of the property gets paid in increments over a certain period of time, versus getting the complete payment like they would if the property was purchased in hard cash or with a mortgage loan. Both parties must sign the agreement.

The buyer benefits from looser requirements with a land contract agreement over regular financing methods. However, some legal protections may not be present in this type of agreement. Hiring a real estate attorney is highly recommended to assist in drawing up a land contract, ensuring a successful and transparent transaction.

The process of land contracts

Once the contract is drawn up and signed by both parties, an equitable title is given to the buyer. This will block the seller from selling the property to another party or taking out loans borrowed against the property. The legal title will be possessed by the seller until the property is paid off by the buyer. 

What are the advantages of a land contract? 

There are numerous advantages of selling a house on contract. Many people do not qualify for a traditional mortgage. The opportunity to own a home through a land contract will attract a larger audience of potential buyers. 

Selling on contract will also allow for sellers to collect interest. Depending on the interest rate you set, in addition to the principal payment amount, you can make a great profit. 

Land contract interest rates & drawbacks 

 A buyer who relies solely on a land contract may find their options for properties on the market are limited. They may also find the interest rates of the properties available to them are higher than traditional mortgage rates. 

Sellers may also be put in a vulnerable position if the buyer fails to make payments. For defaults on contractual payments, taking the case to court and completing the trial may take up to a year or longer, plus legal fees. 

Historically, land contracts have been very beneficial for sellers. However, sellers do need to be aware that this option may attract buyers with poor credit. 

Buyers typically find the process moves quicker to obtain a home, but are put at the risk of losing the property if the seller enters bankruptcy or passes.

A land contract can be an incredible option for those with unusual financial circumstances. If you’re curious about land contracts, chat with your real estate agent. They’ll have an in-depth understanding of financing available, monthly payment ideas the buyer pays to the seller and other niche components of land contracts. 

Contract
Land
About the Author
Author

Ann Hayward

Born in Philadelphia and raised in the suburbs, Ann Hayward got her Pennsylvania real estate license at age 18 even before going to college. This second-generation real estate professional followed in the footsteps of her father and two uncles, inheriting their passion for the business. Licensed in DC, Maryland and Virginia, Ann is accomplished in her career, with numerous designations including SFR, SRES, PSA, WHC, and multiunit Housing Development Finance Professional (HDFP) from the National Development Council. She specializes in Prince Georges and Montgomery Counties, Northern Virginia and Washington, DC, all jurisdictions where Ann has lived and knows very well. In addition to her professional expertise, she owns and manages personal investment property, understands and has been involved in the renovation/remodeling process, and has great resources which she shares with clients. When you hire Ann to represent you, she will make your buying or selling experience an enjoyable, rewarding one. Her compassion, sensitivity to her clients’ needs, eye for detail, and ability to see the big picture when guiding you through a purchase or sale are unique assets that will ensure your success. A diverse and relevant background also gives Ann a distinct edge. For 30 years, she worked in fast-paced, high-pressure television and theatrical production, attaining the highest achievement – DGA membership as a Director, and as an award-winning staff and freelance writer. Her keen audio visual skills and design sense benefit sellers in marketing their properties, and are invaluable in helping buyers see the potential of space. A true renaissance woman, Ann was also an income tax professional and office manager for H&R Block, so she thoroughly understands the tax and financial implications of acquiring and selling real estate. Her superior organizational skills are further evidenced as owner of a downsizing/professional organizing business, Managed For You, which allows her to connect with everyone from millennials to boomers and seniors, whether for small space planning or assisting with major decluttering and transitioning. Ann holds an AB in American History from Simmons College, Boston, plus attended Robert Wagner Graduate School of Public Administration where she was a candidate for Doctorate. She additionally studied Film Direction at the American Film Institute in LA, and was a Stanford University post-graduate Professional Journalism Fellow. Personally, Ann is an avid if not very good golfer, and the co-founder of a nonprofit 501c3 organization offering educational guidance, tutoring and counseling for youngsters from elementary school through college admission. She sits on the board of trustees of a nonprofit educational film production corporation as well. (202) 494-6252 [email protected]