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In a contract for deed, the seller keeps the title to the property and the buyer does not receive a deed to the property. Instead, the seller signs a long-term purchase contract. The long-term purchase contract requires the buyer to make monthly or other periodic payments over a long period of time.
Record (file) your contract for deed in the deed records of the county where the property is located. Once recorded, the contract is treated the same as warranty deed with a vendor's lien. If you get behind on payments, the seller must post, file, and serve notice of sale as a foreclosure before you can be removed.
The following should be in a contract for deed: Purchase price. Interest rate. Down payment. Number of monthly installments. Buyer and seller information. Party responsibilities. Legal remedies in the event of default.
What basics do you need for a solid contractual agreement? There Must Be an Offer. There Must Be Acceptance. There Must Be Mutual Consideration. The Parties Must Be Capable of Forming a Contract. The Contract Must Be For a Legal Purpose. The Contract Should Be in Writing.
Texas law states a clear distinction between forged deeds and fraudulent deeds. Forged deeds are declared as void, passes no title, and are treated as null. A fraudulent deed is voidable and will be passable until set aside or struck down by the Court.
Also termed an installment land contract, a land contract, or a land sales contract. Contract for deed can be considered a special type of real estate contract in which the seller provides funds to the buyer to purchase the property at an agreed purchase price and the buyer repays the loan in installments.
?Executory Contracts? include contract for deed, lease-purchases, and lease-options. Texas law did not outlaw these methods: contract for deed, lease-purchases, or lease-options, but it has made them perilous for those still interested in trying to use them.