Attorney-Approved Owner Financing Contract Template Get Your Owner Financing Contract Now

Attorney-Approved Owner Financing Contract Template

The Owner Financing Contract is a legal agreement that allows a buyer to purchase property directly from the seller, bypassing traditional mortgage financing. This arrangement can benefit both parties by facilitating a sale while offering flexible payment terms. Understanding the components of this contract is essential for ensuring a smooth transaction.

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Fill out Common Types of Owner Financing Contract Templates

Example - Owner Financing Contract Form

Owner Financing Contract Template

This Owner Financing Contract is made effective as of [Insert Date], by and between [Seller's Full Name], hereinafter referred to as the “Seller,” and [Buyer's Full Name], hereinafter referred to as the “Buyer.” This agreement is governed by the laws of the state of [State Name], specifically its applicable statutes regarding owner financing and real estate transactions.

Seller and Buyer agree as follows:

  1. Property Description: The property sold under this agreement is located at [Insert Property Address] and is further described as follows:
    • Parcel Number: [Insert Parcel Number]
    • Legal Description: [Insert Legal Description]
  2. Purchase Price: The total purchase price of the property shall be $[Insert Purchase Price].
  3. Down Payment: The Buyer agrees to pay a down payment of $[Insert Down Payment Amount] upon signing this contract.
  4. Financing Terms: The Seller agrees to finance the remaining balance of $[Insert Balance Amount] under the following terms:
    • Interest Rate: [Insert Interest Rate] % per annum
    • Loan Term: [Insert Loan Term] years
    • Monthly Payment: $[Insert Monthly Payment Amount]
  5. Payment Schedule: Payments are due on the [Insert Day of Month] of each month, starting on [Insert First Payment Date].
  6. Prepayment: The Buyer may prepay the loan without any penalty, partially or in full, at any time.
  7. Default: If the Buyer fails to make any scheduled payment within [Insert Grace Period] days after its due date, it will be considered a default. The Seller reserves the right to pursue legal remedies, as allowed by law.
  8. Closing Costs: The costs associated with the closing of this sale will be paid as follows:
    • By the Seller: [Insert Seller's Costs]
    • By the Buyer: [Insert Buyer's Costs]

This contract constitutes the entire agreement between the parties and supersedes any prior understanding or agreement, whether oral or written.

IN WITNESS WHEREOF, the parties hereto have executed this Owner Financing Contract as of the day and year first above written.

Seller's Signature: _______________________ Date: ____________

Buyer's Signature: _______________________ Date: ____________

Documents used along the form

When entering into an owner financing agreement, several other forms and documents may be necessary to ensure clarity and protect the interests of both parties. Below are four common documents that often accompany the Owner Financing Contract.

  • Promissory Note: This document outlines the borrower's promise to repay the loan under specific terms. It includes details such as the loan amount, interest rate, payment schedule, and consequences for defaulting on the loan.
  • Real Estate Purchase Agreement: Understanding the Texas Real Estate Purchase Agreement form is essential for anyone involved in a property transaction in Texas. This crucial document not only outlines the terms of the deal but also refers to resources like Texas PDF Templates for easy access to the necessary forms.
  • Deed of Trust: This document secures the loan by placing a lien on the property. It involves a third party, known as the trustee, who holds the title until the loan is paid off. In case of default, the trustee can initiate foreclosure proceedings.
  • Disclosure Statement: This statement provides essential information about the financing terms. It ensures that the borrower understands the financial implications, including any fees or penalties associated with the loan.
  • Purchase Agreement: This document outlines the terms of the sale between the buyer and seller. It includes the purchase price, property description, and any contingencies that must be met before the sale is finalized.

Each of these documents plays a critical role in the owner financing process. They help to clarify the responsibilities of each party and protect their rights throughout the transaction.