An installment contract is a single contract that is completed by a series of performances –such as payments, performances of a service, or delivery of goods–rather than being performed all at one time. Installment contracts can provide that installments are to be performed by either one or both parties .
Explanation:Under an installment land contract the seller retains legal / actual title until final payment is made by the buyer. The buyer will hold equitable title to the property until final payment is made.
An installment contract offers a buyer less protection than a traditional mortgage. This is true mainly because of forfeiture provisions, which give the buyer no right of redemption and allow a buyer to lose all interest in the property for even the slightest breach.
Unfortunately, the contract is binding the instant it is signed by both buyer and seller. There is no right of rescission unless it actually states so in the contract.
To be enforceable, the contract must be entered into voluntarily, have clearly agreed upon terms and conditions and demonstrate the exchange of “consideration”. Clearly agreed upon terms refers to the idea that everyone understands the nature of the deal being made.
The creditor should sign the Letter in the space provided before sending it to the debtor. If the debtor agrees to the repayment plan set out in the Letter Accepting Payments in Instalments, they should countersign the Letter in the space provided. This makes the Letter a binding agreement between the parties.
Including a clear description of the payment plan Clearly state the date the payment plan agreement is being created. List the full names of the parties involved in the agreement. Provide an itemized list of the payments that need to be made, including the payment amount and due date for each payment.
Setting up the payment plan Calculate the total amount due and the payment schedule. Determine the payment amounts, due dates and payment method. Write the agreement, detailing the payment plan. Include the date of the agreement and the parties involved. Get both parties to sign the agreement.