Contract for Deed houses, homes, town homes and condos in California

A "Contract for Deed" (Land Contract) is basically the agreement to sell and buy a real estate property wherein the seller will hold the title until the time when the contract's provisions have been filled, usually upon full payment of the property. In this case, the buyer may already occupy the property and make the payments as stipulated. Upon completion of payment the seller will pass the title by recording the deed.

How does a Contract for Deed affect the buyer in California?

Contract for Deed (Land Contracts in CA) helps buyers save a lot of resources that they can allocate for other things. This happens primarily because the down payment involved with contracts for deed is usually very low, making it quite easier for buyers to be acquire ownership of real estate without having to expend much of their capital. This leaves them with more capital left that they can use to earn more resources or in other necessary activities.

However, since the down payment for Contract for Deed is very small, this translates to higher rates for the remaining balance, which then means that a larger part of the principal price would be covered by the interest. This also gives the tendency for the amounts payable to be high as well, especially if the contract is written for a short duration.

Buyers would have no guarantee that they would be able to handle the amounts needed for payments in the future. For this, buyers should be certain about the cash flow they would get throughout the duration of their contract for deed. Otherwise, the property might get forfeited by the seller easily when the buyer is unable to do its part since the title is already with the seller.

Nevertheless, this agreement is still more secure for the buyer especially when compared to renting the property. The buyer may have the contract written to an heir or spouse that greatly eliminates the chance that the property would be divided should an estate settlement proceeding should be called for.

How does a Contract for Deed affect the seller in California?

A great benefit of the Contract for Deed for the seller is that it allows the distribution of the tax reports for capital gains during sales over the contract period instead of just in the year the property was sold. While this does not at all entail the altering of the entire amount of the capital gains report, it typically allows the seller to make substantial tax savings.")

As mentioned earlier, this agreement provides the seller the legal title for the property, as well as the deed. The property automatically belongs to the seller should the buyer fail to fulfill the provisions in the contract. All the payments made for the property would also be retained by the seller. Some sellers see contract of deeds as the only way they can sell some of their properties that are difficult to vend. Most of such properties are those that could not conform with the traditional guidelines for lending.

However, the seller might not benefit from the low down payment allowed by the contract. If immediate money is a priority for the seller then this is something that a contract for deed would not be able to give. This arrangement may not be beneficial for sellers who need money more than they need tax breaks.

Depending on the situation, Contract for Deed may be a great arrangement for your home loan. However, before making any agreement of this kind, you must get sound advice from people who are knowledgeable about the topic. To know more about land contracts or contracts for deed in California, you may get some consultation from your real estate lawyer and other real estate experts.

A Contract for Deed or installment land contract is a great way to buy a home, house, town home, condo in California

How does a Rent to Own, Lease Option work in Louisiana?

'Lease-option' or more commonly called a Rent to Own describes the process whereby you are only buying the right to buy a home at some time in the future at a given price (or again, at a price to be determined). With a lease option you are under no legal obligation to buy the property ('exercise your option') if you determine that doing so is not in your best interest

The following is an example (even numbers used for example purposes)

Rent to Own: 3 bedroom/2bath house with 2 car attached garage

Rent to Own Terms

Length: 2 year contract for rent with the Option to Purchase anytime after 1 year
Down Payment: $6,000
Rent: $2,000
Rent Credit: $300
Final Purchase Price: $300,000

Above are the terms of the contract, now we will explain each item.

Length: We usually set the length of each contract at 2 years. This seems to be the length of time that works best for most people. It allows you the needed time to build and/or fix credit problems.

Down Payment: Instead of paying the traditional security deposit for renting, you will pay a Down Payment. This is a non-refundable amount in which you put down to 'lock' the purchase price. The Down Payment will be credited back to you upon execution of the Option to Purchase. If you do not execute the Option to Purchase the property, you lose this money.

Rent: Is just like the traditional rent payment, this is the money you will not get back.

Rent Credit: If you have a mortgage payment on a home that you own, part of the payment goes towards the amount of money borrowed (principle) and part of the money is used to pay the interest on the loan. Rent Credit is comparable to the principle payment on a home loan. Every month that you pay rent, the amount of the Rent Credit gets credited towards the final purchase price. Just like the Down Payment, if you do not purchase the property, you will forfeit that money which was credited towards the purchase.

Final Purchase Price: This is the amount that you will be purchasing the property for at the end of the 2 year contract. At the closing table, when you purchase, is when you will be credited with your Down Payment and all of the Rent Credit that has accrued. This money will pay for your Closing Costs and your Down Payment on your home loan.

Rent to Own : Putting it all together

Now that we know how all of the terms and conditions work, let's put the numbers to them.

Melissa and Jack is going to participate in the Rent to Own Program in Louisiana for the example that was listed above.

She pays the Down Payment of $6,000 on May 17, 2009. On June 1st, 2009, when she moves in, she pays her first month's rent of $2,000.

Two years go by, Melissa and Jack has paid her rent on time, every time. In the mean time she has worked to build her credit score. She has gotten approved for a home loan on the property.

On June 1st, 2011, Melissa and Jack is at the closing for her home in which she is now going to personally own.

The purchase price of the home was $300,000. She is credited back the $6,000 Down Payment and $7,200 worth of Rent Credits she received over the 2 year period. Melissa and Jack is now purchasing the home with a loan amount of $286,800. Melissa and Jack leaves the closing and she did not have to spend any money out of her pocket to complete the purchase. Another successful way to buy real estate by rent to own California.