Oklahoma Seller's Disclosure of Financing Terms for Residential Property in connection with Contract or Agreement for Deed a/k/a Land Contract

State:
Oklahoma
Control #:
OK-00470-3
Format:
Word; 
Rich Text
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What is this form?

The Seller's Disclosure of Financing Terms for Residential Property outlines the financial details involved in a contract for deed, also known as a land contract. This form informs the purchaser about the property's purchase price, payment schedule, interest rates, and potential late charges. It is distinct from other real estate forms as it specifically addresses financing terms related to seller financing arrangements.

Main sections of this form

  • Purchase price of the property
  • Payment plan details, including frequency and amounts
  • Interest rate applicable to the financing
  • Late charges and penalties for missed payments
  • Signature lines for both seller and purchaser

Situations where this form applies

This form should be used when a seller is offering financing options for residential property through a contract for deed. It is especially relevant when buyers prefer alternative financing methods rather than traditional bank mortgages. Use this form to clarify terms before signing the agreement, ensuring that all parties fully understand their obligations and the financial implications involved.

Who this form is for

  • Property sellers providing seller financing
  • Prospective purchasers interested in a contract for deed
  • Real estate agents involved in transactions with seller financing
  • Investors purchasing residential properties with alternative financing methods

How to prepare this document

  • Identify the seller and the purchaser by entering their legal names.
  • Specify the property details, including the address and legal description.
  • Clearly outline the purchase price and payment terms, including the amount and schedule.
  • Indicate the applicable interest rate and any late charge policies.
  • Have both parties review, sign, and date the document.

Is notarization required?

This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.

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Common mistakes to avoid

  • Failing to specify detailed payment terms, which can lead to misunderstandings.
  • Not including all necessary signatures, making the form unenforceable.
  • Omitting important information, such as the property's legal description.
  • Overlooking late charges or interest rate details, which are crucial for clarity.

Benefits of completing this form online

  • Convenience of downloading and filling out the form from home.
  • Editability allows customization for specific transaction needs.
  • Access to templates drafted by licensed attorneys, ensuring legal compliance.

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FAQ

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. If the buyer defaults, the seller simply retains the property without the need of going through foreclosure.

A contract for deed, also called a land contract or contract for sale, is a financing option for buyers who do not qualify for a mortgage loan to purchase property. In a contract for deed, the seller finances the purchase of the property, much like a mortgage company in a more traditional mortgage situation.

We called our buyer's agent and she went to the seller's agent. Apparently, they gave us the wrong disclosure statement.And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.

A seller is supposed to be truthful when answering the disclosure statement for the buyer.And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.

Presence of mold. Presence of lead paint. Structure, foundation and roof issues. Water damage. Previous renovations and additions.

One such alternative is the contract for deed. In a contract for deed, the purchase of property is financed by the seller rather than a third-party lender such as a commercial bank or credit union.

If the sellers concealed a known defect, you can sue for fraudulent misrepresentation. You will have to prove that they actually concealed the defect, as opposed to having perhaps been unaware of it.

Other benefits include: no loan qualifying, low or flexible down payment, favorable interest rates and flexible terms, and a quicker settlement. The biggest risk when buying a home contract for deed is that you really don?t have a legal claim to the property until you have paid off the entire purchase price.

A disadvantage to the seller is that a contract for deed is frequently characterized by a low down payment and the purchase price is paid in installments instead of one lump sum.The legal fees and time frame for this process will be more extensive than a standard Power of Sale foreclosure.

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Oklahoma Seller's Disclosure of Financing Terms for Residential Property in connection with Contract or Agreement for Deed a/k/a Land Contract