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The Contract Sale Purchase Agreement With Seller Financing displayed on this page is a versatile official template crafted by expert attorneys in accordance with federal and state laws and regulations.
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Seller financing can be used to avoid taxes in certain circumstances. For example, if the seller finances a portion of the purchase price and then structures the loan as an interest-only loan, they may be able to avoid capital gains tax on that portion of the sale.
Report the interest as ordinary income on Form 1040, line 8a. If the buyer is using the property as a first or second home, also report the interest on Schedule B (Form 1040A or 1040), Interest and Ordinary Dividends, to Form 1040 and provide the buyer's name, address, and social security number.
While a seller might not report payment activity to credit bureaus, negative marks still may end up on your credit report if you default on the seller-financed mortgage. If you fall behind on payments, the seller-lender may pursue a court judgment against you or may turn over your account to a debt collector.
The key documents in a seller financing transaction include: (1) Purchase Agreement; (2) Promissory Note; and (3) Deed of Trust. Depending on the particulars of the financing arrangement, other documents may also be needed.
For example, if the purchase price is $5,000,000 and the seller is willing to finance 50% of the purchase price, the buyer puts down $2,500,000 and makes monthly payments on the remainder until the remaining balance of the seller note is paid in full.