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A California land contract records the terms of the sale of an undeveloped or vacant property. A buyer can purchase either commercial or residential land from a seller by drafting a land contract with all the appropriate information, such as the land's legal description and the agreed-upon purchase price.
Sales Law: An Overview. Transactions for the sale and leasing of goods is governed mainly by sales laws of each state. Every state, with the exception of Louisiana, has adopted Article Two of the Uniform Commercial Code (UCC) as the main body of law regulating transactions in goods.
In California, the Statute of Frauds governs which contracts must be in writing and which contracts are valid as oral agreements. Under this law, any contract used to purchase or sell land must be in writing. In addition, any property lease lasting for more than one year must also be in writing.
Unlike other contracts, with a traditional land contract the buyer does not automatically receive the title to the property. Instead, the seller holds the title until the buyer pays the entire contract price in full. This means the buyer cannot take out a loan against their equity or sell the property to a third party.
4 Essential Elements of a California Real Estate Contract The contract must be executed by parties who are legally capable of entering a contract. There must be mutual consent. The contract must have a lawful objective. The terms must include consideration (an exchange of things of value)
To be enforceable, a land sale contract must satisfy the Statute of Frauds, which generally requires that these contracts be in writing and signed by the parties. Note that this writing is apart from the instrument under which the actual transfer takes place, which is known as the ?deed.?