Selling vacant land -- seller financing vs installment sale

Selling vacant land -- seller financing vs installment sale

Investor · Berkeley, CA · Member since 2015 · 16 posts · 1 vote

I'd like to sell vacant land in Louisiana that I purchased for cash at a tax auction. I have a buyer that wants to buy in installments (They are a neighbor to the land and don't have enough cash for the full purchase price). I've not personally sold or purchased property this way before. 

The property was cheap and there's not much margin -- I bought for $5,600 and am selling for $10,000.

I'm thinking of financing the deal and holding the note at maybe 10%. Or I could do an installment sale where they essentially rent to own. I will use a standard RE purchase agreement for my area.

A few questions:

1) I'd like to use the standard lenders/purchaser agreement for my area (i need to find it), and I know that I'll need to record it, but is there anything else I should be aware of?

2) I'd like to not use an agent and instead use a title company for escrow and making sure all ducks are in a row. Is this reasonable?

3) if I instead sold in installments, is there typically a standard form that I should use to protect me and the seller? would I need to get a custom contract drawn up? Typically, when doing an installment sale, does the seller (me) charge "interest" on the outstanding balance, or would I simply mark up the sales price to some fixed amount (which of course can be calculated using a target interest rate).

thanks.

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Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
10y

First and foremost, there's a 3 year redemption period for properties "sold" at tax sales in Louisiana.  Have you completed that period and the quiet title process to have a clear title to the property?

To your questions:

1) There is no need to record a purchase and sale agreement, but there is a need to record any type of conveyance (transfer of ownership) of a property, no matter what form of sale/financing.  I would recommend against using a standard CA contract in a Louisiana real estate transaction.

2) The only way I would ever do any transaction to transfer/sell a property would be through an attorney or title agent who provides title insurance.

3) Those are questions that your legal and tax advisers are best able to answer for you.  Your financial situation (income, assets, tax bracket, etc.) is a huge determining factor in what's the best course of action. 

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  • Real Estate Agent · Houma, LA · Member since 2016 · 240 posts · 115 votes
    10y

    I don't know a whole lot about tax sales, but have you fully acquired the property? I know in Louisiana there is a redemption period and you have to get a judgement to "quiet" the title or something along those lines. 

  • Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
    10y

    First and foremost, there's a 3 year redemption period for properties "sold" at tax sales in Louisiana.  Have you completed that period and the quiet title process to have a clear title to the property?

    To your questions:

    1) There is no need to record a purchase and sale agreement, but there is a need to record any type of conveyance (transfer of ownership) of a property, no matter what form of sale/financing.  I would recommend against using a standard CA contract in a Louisiana real estate transaction.

    2) The only way I would ever do any transaction to transfer/sell a property would be through an attorney or title agent who provides title insurance.

    3) Those are questions that your legal and tax advisers are best able to answer for you.  Your financial situation (income, assets, tax bracket, etc.) is a huge determining factor in what's the best course of action. 

  • Flipper/Rehabber · Lafayette, LA · Member since 2012 · 28 posts · 11 votes
    10y
    I concur with the above Was this a tax lien sale or an adjudication sale? Which parish? Big difference I do 5-10 of these a year if you would simply like to sell your interest to somebody "local"
  • Investor · Berkeley, CA · Member since 2015 · 16 posts · 1 vote
    10y

    I purchased this lot outright. I'd previously purchased tax lien certs in Louisiana. I'm very familiar with purchasing tax lien certs in Louisiana. This is different. There was recently a revision to how municipalities could collect overdue RE taxes due to the number of properties where no-one bought the tax lien. I closed on this purchase with paid title insurance.

  • Flipper/Rehabber · Lafayette, LA · Member since 2012 · 28 posts · 11 votes
    10y
    Was this through a civic source sale?
  • Investor · Berkeley, CA · Member since 2015 · 16 posts · 1 vote
    10y

    Also, to clarify, I'd use a standard purchase agreement for the Louisiana area. The property was adjudicated.

    So from your comments, i have:

    1) I need to record the purchase agreement regardless of the type of conveyance. 

    2) use an Attorney or a [good] title company or title agent for the paperwork

    3) Regarding the decision to sell and carry the note, or to sell on installments may have tax implications. Regarding paperwork, would I need a custom agreement worked up for an installment sale or is there standard paperwork I can use? Or if I did a lease option, what paperwork would I use then?

    thanks all

  • Investor · Berkeley, CA · Member since 2015 · 16 posts · 1 vote
    10y

    RE:

    Was this through a civic source sale?

    Yes, this was thru CivicSource.

  • Investor · Lake Oswego, OR · Member since 2016 · 9 posts · 4 votes
    10y

    @Randy Cheval, I would recommend utilizing a Land Sale Contract, Real Estate Contract and Promissory Note if you are selling on terms.  I have also utilized Meridian Title Company in the past and they are an excellent resource (it's inexpensive to use a title company, but some states require an attorney to finalize the transaction and record the deed).  

  • Investor · Berkeley, CA · Member since 2015 · 16 posts · 1 vote
    10y

    thanks @Ryan Pettitt. That was very helpful. I'll go that route, and find out if I need an attorney to close.

  • Investor · Deridder, LA · Member since 2014 · 298 posts · 185 votes
    10y

    Does anyone know how Dodd Frank laws apply to the seller financing land? I know there are some caveats to seller financing to an owner occupant of a SFH, but have not seen anything regarding financing of land... that's something that might be worth looking into if you plan to finance the property to your buyer...

    I'm not well versed in the new Dodd Frank stuff, but I would run your scenario by an attorney to be sure those laws are not in play here.  Perhaps some other members who know more about this can chime in to see if this is even a concern.

    Jeff

  • Flipper/Rehabber · Lafayette, LA · Member since 2012 · 28 posts · 11 votes
    10y
    Dodd frank does not apply to land. In Louisiana, bond for deeds work quite well for owner financing land on terms . Some attorneys still refer to them as credit sales Sent from iPhone
  • Investor · Berkeley, CA · Member since 2015 · 16 posts · 1 vote
    10y

    After talking to the title company I plan to use, I have this update. When selling and carrying back a note, 

    a) I complete a standard Louisiana purchase agreement and specify the terms in the standard agreement. there's a section for it.

    b) take the signed purchase agreement to the title company and they will prepare all necessary docs for the purchase including a promissory note for the loan. 

    c) after closing, I get the note, they get the deed. The title company will register everything that needs to be registered.

    d) the title company is also happy to charge me for a "lenders" title insurance policy.

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