Monday, July 12, 2010
by Jodi Lemkemann, Keller Williams Premier Realty
The Contract for Deed is a common method used by low income persons to purchase a home. A buyer under a Contract for Deed has fewer rights than a buyer who has obtained a mortgage loan. A home buyer should always talk with a lawyer before signing a Contract for Deed. Search the "Helpful Organizations" section below to find free legal help.
Most Contract for Deed sales require only a small down payment. The buyer agrees to pay the seller or the seller's real estate agency the total sales price plus an amount for interest monthly over a period of several years. Only after the final payment will the buyer receive a deed and full ownership.
Should the contract for deed be in writing?
A buyer must get a written contract, which is signed by both buyer and seller and which has all the terms agreed to by the buyer and seller. Without a written contract, the buyer will not be able to enforce the agreement if the seller refuses to perform his or her part of the agreement.
Should I record the contract?
Even if the contract states it cannot be recorded, every contract for deed should be recorded in the county in which the property is located as soon as possible in order to protect the buyer's interest.
Who is responsible for repairs?
The buyer of the home is responsible for making all repairs after the sale of the property. The seller may be required to repair certain problems in the home that existed before the purchase date if:
- The seller has agreed to make the repairs;
- The seller knew about the defects from city inspections and does not tell the buyer; or
- The seller is guilty of fraud or misrepresentation.
Agreement To Make Repairs: Sometimes a seller agrees to make repairs. If the agreement is in the Contract for Deed, the seller can be forced to do the repairs. Always get it in writing.
Previous Inspection: If the city inspected the house before and found violations of a city code, the seller must tell the buyer about the violations. Many houses have never been inspected. If the house was inspected, and the seller does not tell the buyer about problems that were found, the buyer can call off the contract and get part of his or her money back.
Fraud and Misrepresentation: If the seller of a home makes statements about the condition of the home which are untrue in order to convince the buyer to purchase the home, the buyer may be able to cancel the contract or force the seller to repair certain defects. A buyer should always make sure that the seller's statements about the condition of the house are included in the written contract.
Who is responsible for real estate taxes and homeowner’s insurance?
The buyer of a home must pay for real estate taxes and homeowner's insurance on the property after the sale is closed. Sometimes the seller owes back taxes. The buyer should check to see if any back taxes are owed. If there are unpaid back taxes, the Contract for Deed should say who will pay them.
The buyer should make sure who will receive the real estate tax bills and homeowner's insurance bills and make sure that these are paid when due.
If the buyer is paying the real estate taxes and homeowner's insurance by an escrow account, the monthly payments to the account will increase each year, as costs increase.
How can I prevent the loss of my home?
A buyer who receives a notice of foreclosure or a court summons should contact a lawyer as soon as possible.
If a buyer, under a Contract for Deed, fails to make the payments required by the contract, the seller can declare an end to the contract and bring a court action to evict the buyer from the house. The seller will send, by mail, a written 30-day notice of ending the contract before the court case.
If the buyer owes less than three-fourths of the purchase price, the court must allow the buyer at least 60 days and may allow up to 180 days to pay the seller the amount needed to bring the contract current. If the buyer pays the required amount within this period, he or she will get contract rights back and he or she will be able to keep the house. Even if the buyer owes more than three-fourths of the purchase price, the court may give up to 60 days to pay the amount and restore the contact rights.
Printed from: www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content&contentID=352