Maine Land Installment Contract
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FAQ
An installment agreement requires the buyer of real estate to pay the seller the purchase price in installments over time; the buyer takes immediate possession of the property but the seller retains legal title as security until the buyer pays in full.
Other terms for a land contract include: terms contract. contract for deed. agreement for deed.
A land contract is a real estate transaction in which a buyer finances a property by making installment payments to the seller. The buyer gains access to the home, but the seller maintains the legal title until the buyer pays off the loan.
The seller retains legal title to the real property until the purchaser fully pays off the loan, at which point the seller records a deed transferring legal title to the purchaser. A purchaser under an installment land contract is usually not protected by foreclosure statutes as with a mortgage or deed of trust.
One of the biggest negatives that can occur with a land contract is when a buyer purchases a property on which the seller is still making mortgage payments.
A land contract carries purchase obligations as the buyer had already committed into a financing agreement for the full purchase. On the other hand, a rent to own contract involves less obligations whereby the buyer has the option, but is not obligated to buy the property after the contract period.
Read your land contract carefully, or have an attorney help you. Confirm the payoff amount with the contract holder and let her know that your intent is to pay off the property. Draft a grant deed form that the contract holder can sign to transfer the legal title of the property to you.
Land contracts are useful instruments for sellers who are selling a home and contemplating carrying the financing for a buyer. It gives sellers a built-in income and generally a better interest rate than rates offered on money market accounts or certificates of deposit.
