Financing and closing

Land Contract and Contract-for-Deed Risks

Under many land-contract structures, the buyer pays over time while the seller retains legal title until specified conditions are met.

What this due-diligence check covers

The label varies by state: contract for deed, installment land contract or agreement for deed. The rights and remedies can differ from a conventional mortgage.

Review the actual document and local law, not a generic online form.

Why it matters before closing

A buyer may invest in improvements while lacking recorded title or facing forfeiture after default.

What to verify

  • Verify seller title and existing debt.
  • Calculate full amortization and balloon.
  • Clarify deed delivery, recording, taxes and insurance.
  • Review cure periods and default remedies.

Red flags that deserve follow-up

  • Seller can encumber or resell before deed transfer.
  • Buyer responsible for taxes but receives no notices.
  • Forfeiture after substantial equity.
  • No process for releasing seller liens at payoff.

Evidence to keep in the parcel file

  • Executed and recorded agreement
  • Title commitment
  • Payment ledger and amortization
  • Escrow or servicing arrangement

Questions to ask before the deadline

  1. When does the deed transfer?
  2. Is my interest recorded?
  3. Who pays taxes and receives notices?
  4. What cure period applies?
  5. How is final payoff and deed release handled?

Primary-source starting points

Open the records behind the research.

These sources support screening and process planning. Parcel-specific decisions may still require local authorities and qualified professionals.

Put the guide to work

Turn the guide into a parcel-specific due-diligence list.

Frequently asked

Questions land buyers ask

Is a land contract the same as seller financing?

It is one seller-financing structure, but title and remedies may differ from a note secured by a mortgage or deed of trust.

Can I build before receiving the deed?

Possibly, but permits, lender rights and the contract must allow it; the risk deserves legal review.

Should payments be professionally serviced?

Third-party servicing can improve records and tax handling, but it does not fix an unfair or defective agreement.