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.
A contract for deed would be known as a real estate contract, and is a common method to document a sale. For a purchaser, with an increased possibility of a seller default based upon the owner's present default, I do not recommend using a contract. The biggest risk is that the seller remains as the legal owner.
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.
Contracts for deed may have greater risk for the seller. The seller is not solely on title on the land for the term of the contract. Thus, if the buyer defaults, the seller will have to commence action and may be forced to reclaim the land.
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%.
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.