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The seller may declare the land contract to be at an end and file a quiet title action to remove the land contract as a cloud on the seller's title to the property. This remedy generally is only used if the buyer's equitable interest in the property is insignificant.
Standard form real estate contracts often state that if a buyer fails to complete, the deposit is forfeited to the seller on account of damages. However, in a rising real estate market, sometimes the seller subsequently disposes of the property for more than the original purchase price and essentially suffers no
The land contract purchaser takes possession of the real estate and agrees to make installment payments of principal and interest, typically on a monthly basis, until the contract is paid in full or balloons. During the term of the contract, the purchaser has equitable title to the property.
Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct.
The land contract is recorded with the Register of Deeds, giving notice to all of the vendee's interest in the real estate and the vendor's obligation to convey the real estate upon full payment. The transfer fee is due at the time the land contract is recorded, along with a transfer return.