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If the buyer has not made all the payments and defaults on the land contract, the seller may be able to file a "land contract forfeiture" in court. Depending on the ruling, the seller may be able to keep all the money already paid to him as well as retaining the rights to the property.

If the buyer defaults on the land contract, or fails to make the monthly payments to the seller as required, the seller can file a court action called land contract forfeiture.In other words, if the buyer fails to pay, the seller keeps all money received, plus the seller keeps the real estate.

Common law remedies - damages A party who has breached a contract for the sale of land is liable to pay at least nominal damages, even if no loss has been caused.

A land contract should spell out the purchase price, down payment, payment schedule, installment amount, interest rate, loan term and balloon payment amount, if applicable. Responsible party for home repairs. The buyer and seller agree upfront on who will make and pay for home repairs.

The main advantage of a land contract is that it's fairly easy to qualify for. As long as the seller is willing to go that route, there's little need for extensive credit checks.A land contract is often viewed as a way to "pay down the purchase price" before obtaining a regular mortgage to buy the property outright.

Because there's no bank involved, land contract closings can happen in under a weekand without expensive closing costs. Buyers with poor or no credit can get a land contract because it's up to the seller to decide if they're creditworthy.

Most of the disadvantages of land contracts for buyers of property stem from the fact that the vendee (buyer) does not receive the deed to the property at closing. The vendee obtains equitable title, but the vendor (seller) retains legal title. This situation usually exists until the land contract is paid in full.

On the flip side, a land contract is the sale of a property, where the seller finances the deal.In addition, there is no obligation to buy the property in a lease-to-own arrangement. As such, depending on the specifics of the agreement, the lessor can walk away if they are unsatisfied with the property.

Setting up a basic land contract is fairly simple if both the buyer and seller agree on the terms of the sale and financing. Agree upon a sale price. Before you begin structuring the land contract, meet with the buyer and agree upon a sale price if you have not done so.

At a minimum, a land contract should list the address of the real estate and the full legal description of the property, the purchase price, down payment amount, the monthly payment amounts and term, number of payments to be made, and any balloon payment required.