North Carolina Contract for Sale (of Land)
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How to fill out Contract For Sale (of Land)?
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FAQ
This type of agreement is governed by North Carolina General Statute Chapter 47H, entitled Contracts for Deed, if the property being purchased will be used as the principal dwelling of the purchaser, and there are five or more installment payments exclusive of the down payment.
A deed must state the name and address for the current owner making the transfer (the grantor) and the new owner receiving the property (the grantee). A deed with more than one grantor or grantee must include the names and addresses of all parties.
A major drawback of a contract for deed for buyers is that the seller retains the legal title to the property until the payment plan is completed. On one hand, this means that they're responsible for things like property taxes. On the other hand, the buyer lacks security and rights to their home.
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.?
The buyer occupies the property under the contract for deed and makes installment payments until the entire purchase price is paid, at which time the buyer obtains a deed to the property from the seller. The contract for deed gives the buyer equitable title to the property and serves as a long-term financing vehicle.
The most common residential offer form in North Carolina is the ?Offer to Purchase and Contract? (Form No. 2-T), jointly approved by the N.C. Bar Association and NC REALTORS®. Many standard ?addenda? forms also are available to add provisions of special importance to the parties.
The offer and acceptance form the agreement between the parties. The offer must be communicated, it must be complete and the offer must be accepted in its exact terms. Mutuality of agreement is a must. The parties to a contract must agree to the same thing inn the same sense.
A North Carolina land contract documents the terms of a vacant land purchase and sale agreement between two parties. The buying and selling parties must create this contract through negotiating offers, ultimately reaching mutual terms such as the agreed-upon purchase price and any financial contingencies.