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How seller financing agreements work

On Behalf of | Sep 27, 2024 | Real Estate Law

Seller financing is a way for you to handle a real estate purchase without involving a traditional bank loan. Instead of applying for a mortgage, you can make payments directly to the seller over time. This arrangement can benefit you if you’re a buyer who does not qualify for conventional financing or you’re a seller who wants to attract more potential buyers.

What are seller financing agreements?

Seller financing agreements are legally binding contracts that outline the terms of the sale, including the purchase price, interest rate, payment schedule, and any consequences for missed payments. While seller financing can offer flexibility, both parties need certain protections to ensure the deal goes smoothly.

Making the agreement clear

For the seller, it’s important to retain a legal claim to the property, such as a promissory note or mortgage, until the buyer has fully paid off the agreed amount. This ensures that if the buyer defaults, the seller can reclaim the property.

On the other hand, buyers need to confirm that the seller holds clear ownership of the property and has the right to offer seller financing. Both parties should also agree on how payments will be handled and what happens if either side fails to meet their obligations.

Understanding seller financing agreements

Ensuring a well-drafted and clear contract is essential to protecting the interests of both the buyer and the seller in a seller financing agreement. Regardless of which side you’re on, it’s vital that you clearly understand how this process works so you and your financial partner can come to an agreement for your real estate transactions that benefits both of you.