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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
Under the Ohio Credit Services Act, consumers are granted three business days from the time of signature to cancel a contract for for-profit credit repair, as well as debt counseling services. Under the federal Truth in Lending Act, the same is true for certain home equity loans and second mortgages.
The process of evicting a land contract vendee begins after the 30-day late period. You must give the vendee (or his successor) a written notice that describes the contract, the property and the clause that the vendee is defaulting on. The vendee must cure the default within 10 days.
Liens and other encumbrances must be paid in full before a land contract is executed. A land contract must be recorded soon after it is executed. Deviation from land contract laws are only permittable when both buyer and seller have their own attorneys.
If the contract isn't recorded, the seller could easily put a new mortgage on the property. Also, since the seller retains title, the buyer also can lose the property to a seller creditor claim without receiving notice or a hearing. The buyer also can lose the property if real estate taxes aren't paid.