Which provision could legally be placed in an Illinois installment contract? The answer is "Seller will retain legal title." A real estate sale can be made by a land contract, also called an installment contract. Under a typical land contract, the seller (or vendor) retains legal title.
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.
(Hamilton v. Hubbard (1901) 134 Cal. 603.) As a fully executed contract, a deed is subject to the rules of law concerning contracts in general, except that consideration is not necessary for its validity.
You can sell a property with a land contract at any time. However, selling a home on a land contract while having an underlying contract may violate the agreement.
It`s important to note that in Illinois, a contract for deed must be recorded with the county recorder`s office within 10 days of execution. This protects both the buyer and seller, ensuring that the contract is legally binding and enforceable.
The main advantage of this type of transaction involves avoiding the usual costs associated with obtaining financing from a bank or other lender, such as closing costs and fees. However, it is easy for a contract for deed to go poorly and end up hurting the homebuyer financially.
Interest rates in contract for deed arrangements can vary depending on the negotiations between the buyer and seller, as well as prevailing market conditions. Typically, interest rates in contract for deed agreements range between 4% and 18%.