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California Agreement or Contract for Deed for Sale and Purchase of...

California Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract

Category:

Real Estate - Contract for Deed

State:

California

Control #:

CA-00470

Format:

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What is this form?

An Agreement or Contract for Deed, also known as a land contract or executory contract, is a legal document that facilitates owner financing for the purchase of real estate. This agreement allows the seller to retain title to the property until the buyer fulfills the payment terms. Once the buyer meets the agreed payment schedule, the seller transfers the property title to the buyer. This form is particularly useful when traditional financing options are not available or convenient for either party.

Key parts of this document

Identification of the parties involved: seller and buyer details.
Description of the property being sold, including legal description and boundaries.
Purchase price and payment terms, including installments and interest rates.
Contingencies and conditions regarding maintenance, insurance, and taxes.
Default and termination clauses outlining rights of the seller and buyer.
Provision for transfer of title upon full payment and any necessary legal disclaimers.

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Common use cases

This form should be used when a buyer wants to purchase real estate but prefers or requires owner financing instead of a traditional mortgage. It is useful if there are issues with credit history, if the buyer needs flexibility in payments, or if both parties prefer a straightforward transaction without lengthy bank processes.

Who can use this document

This agreement is suitable for:

Buyers seeking to purchase real estate without conventional financing.
Sellers looking to finance the sale of their property directly to a buyer.
Real estate investors who want a flexible payment arrangement.
Individuals or entities involved in informal property transactions requiring a formal agreement.

Completing this form step by step

Identify the parties involved: Fill in the legal names and addresses of the seller and buyer.
Specify the property: Clearly describe the property using its legal description and address.
Set the purchase price: Enter the total purchase price and outline the payment structure.
Detail the payment schedule: Include the number of installments, due dates, and interest rates if applicable.
Add contingencies: Outline any conditions related to maintenance obligations, insurance responsibilities, and tax payments.
Sign and date the agreement: Both parties should sign the document to validate the contract.

Notarization guidance

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

Failing to clearly describe the property, leading to confusion about what is being sold.
Not specifying payment terms adequately, which can result in disputes later on.
Ignoring local laws that may impact the enforceability of the contract.
Missing signatures from both parties, which can invalidate the agreement.

Benefits of using this form online

Easy access to a professionally drafted contract tailored for your needs.
Convenience of editing and downloading the form from anywhere.
Time-saving compared to drafting a contract from scratch or seeking legal assistance.
Legally compliant format that is consistently updated with changing laws.

Key takeaways

The Agreement or Contract for Deed is essential for owner financing in real estate transactions.
Understanding your obligations and rights is crucial before signing.
Ensure completeness in the agreement to prevent future disputes.
Consider local laws that may affect the enforceability of the contract.

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Form popularity

FAQ

1 Stating Basic Information in Your Contract. 2 Setting Forth the Payment Terms. 3 Disclosing Important Information to the Buyer. 4 Advising Parties About Closing Procedures.

1 Access The Desired Real Estate Template To Record A Purchase Agreement. 2 Introduce The Agreement, Seller, Buyer, And Concerned Property. 3 Define The Basic Terms Of The Real Estate Purchase. 4 Record Any Property The Buyer Must Sell To Complete This Purchase.

Generally, contract for deed sellers use IRS Form 6252 to report installment sales in the year in which they take place. You also use Form 6252 during each year you receive income from your contract for deed.

Purchase price. Down payment. Interest rate. Number of monthly installments. Responsibilities of the buyer and seller. Legal remedies for the seller if the buyer does not make payments.

In the first instance, if your deed is not recorded, there is nothing in the public record to stop the seller from conveying the property to another person.The second situation could happen if your seller fails to pay his or her debts and the seller's creditors file liens or judgments against your property.

The buyer must record the contract for deed with the county recorder where the land is located within four months after the contract is signed. Contracts for deed must provide the legal name of the buyer and the buyer's address.

A real estate deal can take a turn for the worst if the contract is not carefully written to include all the legal stipulations for both the buyer and seller.You can write your own real estate purchase agreement without paying any money as long as you include certain specifics about your home.

The buyer should record the contract for deed with the county recorder where the land is located and does so normally within four months after the contract is signed, though the time may vary depending on state law.

Application To File Certain Documents Conventionally

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Certificate of Compliance

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Certificate of Service For Service By Mail

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Certificate of Service of Conventionally Filed-Sealed Documents

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Certificate of Service of Proposed Orders

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Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract

California Statutes
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts
2985 Civ.
(a) A real property sales contract is an agreement in which one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and that does not require conveyance of title within one year from the date of formation of the contract.
(b) For purposes of this chapter only, a real property sales contract does not include a contract for purchase of an attached residential condominium unit entered into pursuant to a conditional public report issued by the Bureau of Real Estate pursuant to Section 11018.12 of the Business and Professions Code.
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts
2985.1 Civ.
A real property sales contract may not be transferred by the fee owner of the real property unless accompanied by a transfer of the real property which is the subject of the contract, and real property may not be transferred by the fee owner thereof unless accompanied by an assignment of the contract.
Nothing herein shall be deemed to prohibit the assignment or pledge of a real property sales contract, as security or for the purpose of effecting collection thereon, to the holder of a first lien on the real property which is the subject of the contract without a transfer of the real property or the transfer of a fee title in trust without the concurrent assignment of the sales contract.
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts
2985.2 Civ.
Any person, or the assignee of such person, who sells a parcel of land under a sales contract which is not recorded and who thereafter causes an encumbrance or encumbrances not consented to in writing by the parties upon such property in an amount which, together with existing encumbrances thereon exceeds the amount then due under the contract, or under which the aggregate amount of any periodic payments exceeds the periodic payments due on the contract, excluding any pro rata amount for insurance and taxes, shall be guilty of a public offense punishable by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by both that fine and imprisonment.
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts
2985.3 Civ.
Every seller of improved or unimproved real property under a real property sales contract, or his assignee, who knowingly receives an installment payment from the buyer under a real property sales contract at a time when there is then due any payment by the seller, or his assignee, on an obligation secured by an encumbrance on the property subject to the real property sales contract, and who appropriates such payment received from the buyer to a use other than payment of the amount then due on the seller's or assignee's obligation, except to the extent the payment received from the buyer exceeds the amount due from the seller or assignee, is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by both that fine and imprisonment.
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts
2985.4 Civ.
Every seller of improved or unimproved real property under a real property sales contract who receives pro rata payments for insurance and taxes shall hold these amounts in trust for the purpose designated. These amounts shall not be disbursed for any other purpose without the consent of the payor and any person or corporation holding an encumbrance on the property. This section shall not apply to a state- or federal-supervised assignee of a seller who as agent for the seller receives and disburses payments.
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts
2985.5 Civ.
Every real property sales contract entered into after
January 1, 1966, shall contain a statement of:
(a) The number of years required to complete payment in accordance with the terms of the contract.
(b) The basis upon which the tax estimate is made.
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts
2985.51 Civ.
(a) Every real property sales contract entered into on and after January 1, 1978, where the real property that is the subject of such contract resulted from a division of real property occurring on or after January 1, 1978, shall contain or have attached thereto a statement indicating the fact that the division creating the parcel or parcels to be conveyed:
(1) Was made in compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code and local ordinances adopted pursuant thereto, and in such event the statement shall expressly refer to the location, in the records of the county recorder for the county in which the real property is located, of a previously recorded certificate of compliance or conditional certificate of compliance issued pursuant to Section 66499.35 of the Government Code with respect to the real property being sold, or the statement shall describe the real property to be conveyed as an entire lot or parcel by referencing the recorded final or parcel map creating the parcel or parcels to be
conveyed and such description shall constitute a certificate of compliance as set forth in subdivision (d) of Section 66499.35 of the Government Code. Provided, however, where reference is made to a recorded parcel map and the approval of such map was conditioned upon the construction of specified offsite and onsite improvements as a precondition to the issuance of a permit or grant of approval for the development of such parcel and the construction of the improvements has not been completed as of the date of execution of the real property sales contract, then the statement shall expressly set forth all such required offsite and onsite improvements; or
(2) Was exempt from the provisions of the Subdivision Map Act and local ordinances adopted pursuant thereto, and in such event the statement shall expressly set forth the basis for such exemption; or
(3) Was the subject of a waiver of the provisions of the Subdivision Map Act and local ordinances adopted pursuant thereto,and in such event the contract shall have attached thereto a copy of the document issued by the local agency granting the waiver. Provided, however, where the granting of the waiver was conditioned upon the construction of specified offsite and onsite improvements as a precondition to the issuance of a permit or grant of approval for the development of the parcel and the construction of the improvements has not been completed as of the date of execution of the real property sales contract, then such statement shall expressly set forth all such required offsite and onsite improvements; or
(4) Was not subject to the provisions of the Subdivision Map Act and local ordinances adopted pursuant thereto, and in such event the statement shall expressly set forth the basis for the nonapplicability of the Subdivision Map Act to the division. (b) Every real property sales contract entered into after January 1, 1978, where the real property that is the subject of such contract resulted from a division of real property occurring prior to January 1, 1978, shall:
(1) Contain or have attached thereto a signed statement by the vendor that the parcel or parcels which are the subject of the contract have been created in compliance with, or a waiver has been granted with respect to, the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code and local ordinances adopted pursuant thereto, or any prior law regulating the division of land, or, were exempt from or not otherwise subject to any such law at the time of their creation. Provided, however, where the division creating the parcel or parcels being conveyed was by means of a parcel map, or in the event that a waiver of the provisions of the Subdivision Map Act has been granted
and the approval of the parcel map or the granting of the waiver was conditioned upon the construction of specified offsite and onsite improvements as a precondition to the issuance of a permit or grant of approval for the development of such parcel and the construction of the improvements has not been completed as of the date of execution of the real property sales contract, then such contract shall expressly set forth all such required offsite and onsite improvements.
(2) In lieu of the above, the vendor may include in the real property sales contract a description of the real property being conveyed as an entire lot or parcel by referencing the recorded final or parcel map creating the parcel or parcels being conveyed and such description shall constitute a certificate of compliance as set forth in subdivision (d) of Section 66499.35 of the Government Code. Provided, however, where reference is made to a recorded parcel map, or in the event that a waiver of the provisions of the Subdivision Map Act has been granted, and the approval of the parcel map or the granting of the waiver was conditioned upon the construction of specified offsite and onsite improvements as a precondition to the issuance of a permit or grant of approval for the development of such parcel and the construction of the improvements has not been completed as of the date of execution of the real property sales contract, then such contract shall expressly set forth all such required offsite and onsite improvements.
(3) Notwithstanding paragraphs (1) and (2), in the event that the parcel or parcels which are the subject of the real property sales contract were not created in compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code and local ordinances adopted pursuant thereto, or any other prior law regulating the division of land, and were not exempt from, or were otherwise subject to any such law at the time of their creation, the real property sales contract shall contain a statement signed by the vendor and vendee acknowledging
such fact. In addition, the vendor shall attach to the real property sales contract a conditional certificate of compliance issued pursuant to Section 66499.35 of the Government Code.
(c) In the event that the parcel or parcels which are the subject of the real property sales contract are found not to have been created in compliance with, or a waiver has not been granted with respect to, the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, or any other prior law regulating the division of land nor to be exempt from, or otherwise subject to such laws and the vendee has reasonably relied upon the statement of such compliance or exemption made by the vendor, or in the event that the vendor has failed to
provide the conditional certificate of compliance as required by paragraph (3) of subdivision (b), and the vendor knew or should have known of the fact of such noncompliance, or lack of exemption, or the failure to provide the conditional certificate of compliance, the vendee, or his successor in interest, shall be entitled to:
(1) recover from the vendor or his assigns the amount of all costs incurred by the vendee or his successor in interest in complying with all conditions imposed pursuant to Section 66499.35 of the Government Code; or, (2) the real property sales contract, at the sole option of the vendee, or his successor in interest, shall be voidable and in such event the vendee or his successor in interest shall be entitled to damages from the vendor or his assigns. For purposes of this section, damages shall mean all amounts paid under the real estate sales contract with interest thereon at the rate of 9 percent per annum, and in addition thereto a civil penalty in the amount of five hundred dollars ($500) plus attorney’s fees and costs. Any action to enforce the rights of a vendee or his successor in interest shall be commenced within one year of the date of discovery of the failure to comply with the provisions of this section.
(d) Any vendor who willfully violates the provisions of subdivision (a) of this section by knowingly providing a vendee with a false statement of compliance with, exemption from, waiver of, or nonapplicability of, the provisions of the Subdivision Map Act, with respect to the real property that is the subject of the real property sales contract, shall be guilty of a misdemeanor punishable by a fine of not to exceed one thousand dollars ($1,000), or imprisonment for not to exceed six months, or both such fine and imprisonment.
(e) For purposes of this section a real property sales contract is an agreement wherein one party agrees to convey title to unimproved real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract. Unimproved real property means real property upon which no permanent structure intended for human occupancy or commercial use is located.
(f) The provisions of this section shall not apply to a real property sales contract which, by its terms, requires either a good faith downpayment and a single payment of the balance of the purchase price or a single payment of the purchase price upon completion of the contract, and the provisions of such contract do not require periodic payment of principal or interest.
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
Chapter 2c. Real Property Sales Contracts

§ 2985.6 Civ.

(a) A buyer shall be entitled to prepay all or any part of the balance due on any real property sales contract with respect to the sale of land which has been subdivided into a residential lot or lots which contain a dwelling for not more than four families entered into on or after January 1, 1969; provided, however, that the seller, by an agreement in writing with the buyer, may prohibit prepayment for up to a 12-month period following the sale.

(b) Any waiver by the buyer of the provisions of this section shall be deemed contrary to public policy and shall be unenforceable and void; provided, however, that any such waiver shall in no way affect the validity of the remainder of the contract.
California Case Law

Peterson v. Hartell, 707 P.2d 232, (Cal.Sup.Ct. 1985). party may be relieved from forfeiture; § 3275 not exclusive source for the right to relief under forfeiture; even willfully defaulting vendees will be awarded specific performance in proper cases; vendee must be allowed reasonable opportunity to complete performance.

Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract

California Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract

This form is part of a form package!

What is this form?

Key parts of this document

Related forms

Common use cases

Who can use this document

Completing this form step by step

Notarization guidance

Get your form ready online

Typical mistakes to avoid

Benefits of using this form online

Key takeaways

Looking for another form?

Viewed forms

Form popularity

FAQ

How do I write a for sale by owner contract?

How do I fill out a California Residential Purchase Agreement?

How do I report a contract for deed on taxes?

How do you write a contract for deed?

What happens if a seller fails to record the contract for deed?

How do you record a contract for deed?

How do you write a real estate contract for sales?

Can I write my own real estate contract?

How long does the buyer have to record the contract for deed?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies

California Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract

This form is part of a form package!

What is this form?

Key parts of this document

Related forms

Common use cases

Who can use this document

Completing this form step by step

Notarization guidance

Get your form ready online

Related legal definitions

Typical mistakes to avoid

Benefits of using this form online

Key takeaways

Looking for another form?

Viewed forms

Form popularity

FAQ

How do I write a for sale by owner contract?

How do I fill out a California Residential Purchase Agreement?

How do I report a contract for deed on taxes?

How do you write a contract for deed?

What happens if a seller fails to record the contract for deed?

How do you record a contract for deed?

How do you write a real estate contract for sales?

Can I write my own real estate contract?

How long does the buyer have to record the contract for deed?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies