@Nick Deshotels
Exemptions of Dodd Frank allow for most seller financing without headache. If someone is selling more than 3 properties with SF per year then they will need an MLO, in most states, but like Jay said, each state is different, so you better check for sake of your seller.
If your seller is an individual or trust and have will only be selling one property per year they can have balloon payments. If it is an adjustable rate then it must be tied to an index and must be fixed for a min of 5 years. Cannot exceed 2 points of increase a year. Cannot change more than 6 points from the original rate. Seller does not have to qualify the borrowers ability to repay.
If seller is an individual or trust and will be selling 2 to 3 properties per year or a buisness selling less than 3. There cannot be balloon payments or adjustable rates. Seller must prove borrowers ability to repay
Some other points:
In regards to presenting seller financing to the seller. Understand that every single seller is different and a deal should be custom to them. If you are wanting to avoid headache down the road don't try to cram people into a seller financed cookie cutter.
You need to find out what they truly need and what they are going to do with the money from the sale of the property. Once you know those things then you will know if there is an opportunity for seller financing.
Seller financing shouldn't be presented as "seller financing". It should be presented as them being an investor in your company with capital secured by real estate with monthly interest.
You owe it to your investors (sellers) to have a high degree of real estate finance fluency. You need to be able to explain Notes and Deeds of Trusts and Maker/Beneficiary agreements ect ect...
I would suggest putting together some kind of credibility kit. A professional portfolio of some of the properties you have flipped, your credit score, qualifications, ect, anything that can make you more credible.
Include in your Maker/Beneficiary Agreement a clause that specifies there are no prepayment penalties and a clause that gives you the first right of refusal to purchase the note if the beneficiary decides to sell it or is approached by a note buyer. In that scenario the note usually sells at a discount. Your attorney can help you with this.