Texas Agreement for the Purchase of a Time-Share Ownership with the Seller Financing the Purchase

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Multi-State
Control #:
US-02007BG
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Word; 
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Description

Time-sharing involves the division of ownership of property into a number of fixed time periods during which each purchaser has the exclusive right of use and occupation. These properties are typically resort condominium units, in which multiple parties hold rights to use the property, and each sharer is allotted a period of time (typically one week, and almost always the same time every year) in which they may use the property.

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FAQ

Seller financing is a type of real estate agreement that allows the buyer to pay the seller in installments rather than using a traditional mortgage from a bank, credit union or other financial institution.

Holding mortgage: Under a holding mortgage agreement, a homeowner agrees to serve as a lender for the home buyer, and provides a loan for the purchase, which the buyer repays by making monthly payments to the seller. The seller continues to hold the property's title until full loan repayment has been made by the buyer.

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When a home is sold through seller financing, the seller takes the role of the lender, which would typically be a bank or similar institution in a traditional financing transaction. The seller extends credit to the buyer sufficient to cover the purchase price of the home, minus any down payment made by the buyer.

In an owner financing arrangement, you borrow from the seller instead of a conventional lender such as bank. You pay a fixed amount of monthly installment to the owner for a fixed number of years. The seller can foreclose if you don't pay off the loan, just like a bank does.

Texas no longer allows owner-financing under last year's Texas House Bill 10 the SAFE Act unless the seller has a license. SAFE (which stands for Secure and Fair Enforcement for Mortgage Licensing Act) was passed in order to comply with a federal law of the same name.

Seller financing is also known as owner financing or, in some cases, a purchase money mortgage. When you and the seller opt for owner financing, much of the structure associated with a traditional mortgage may still exist. You're just making payments to the seller instead of to a bank or other mortgage lender.

For sellers, owner financing provides a faster way to close because buyers can skip the lengthy mortgage process. Another perk for sellers is that they may be able to sell the home as-is, which allows them to pocket more money from the sale.

Sometimes called a sale of goods contract, a sales agreement, or a purchase agreement, a sales contract outlines the terms of a transaction between two parties: the buyer and the seller.

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Texas Agreement for the Purchase of a Time-Share Ownership with the Seller Financing the Purchase