WHAT YOU SHOULD KNOW ABOUT LAND CONTRACTS

 

 

LAND SALE CONTRACTS

Land Sale contracts are contracts for the purchase and sale of land. These contracts are usually installment contracts for the sale of land whereby the buyer receives the deed from the seller once the final payment is made.  Land contract, Contract for sale of land, Installment land con­tract and Contract for deed are all terms used to refer to and sale contracts.

 

 

REQUIREMENTS FOR A VALID LAND SALE CONTRACT

In order for a land sale contract to be valid it should meet the following requirements:

(a)   Outline the rights and obligations of the parties

(b)   Identify and be signed by the contracting parties

(c)   Specify the consideration paid or to be paid

(d)   Adequately describe the property to be sold

 

 

RIGHTS AND OBLIGATIONS OF THE PARTIES

The land sale contract should specifically state what is expected from each party. For example, the contract should provide for:

(a)   payment of the purchase price, including the method and time in which payment is to be made;

(b)   conveyance of the property by deed once the purch­ase price is paid; and

(c)   the rights of the parties in the event that one party does not fulfill its obligations.

 

 

IDENTITY AND SIGNATURE OF CONTRACTING PARTIES

Each party to a land sale contract should be identified in and be required to sign the contract. A contract for sale of land may not be considered a valid contract unless in writing and signed by the parties.

 

 

CONSIDERATION 

A valid land sale contract must be supported by sufficient consideration. Consideration is a legal term that means that the buyer must provide the seller with a legal right or benefit in return for the seller’s promise to sell the land.  The consideration for the land sale contract is usually the purchase price, a down payment of the purchase price or a promise to obtain financing that secures the seller’s promise to sell.

 

 

DESCRIPTION OF THE PROPERTY

A contract for the sale of land must contain an adequate description of the land to be sold. This description must be such that the size and location of the property to be bought or sold can be easily ascertained. A description of the land to be sold is usually considered adequate if the property can be found by a surveyor.

 

 

THINGS TO BEFORE SIGNING OR MAKING ANY PAYMENTS UNDER A LAND SALE CONTRACT

 

(a)   Have a title search conducted to make sure that there are no problems with the ownership of the property;

(b)   Obtain title insurance if possible, these policies protect buyers from damages or losses caused by title defects that were not discover by a title search.

(c)   Make sure that the seller is authorized to sell the land. He should either be the owner or legally acting on the owner’s behalf;

(d)   Check with the Department of Licensing and Consumer Affairs and the Attorney General’s Office to see if any complaints have been filed against the seller of the property in the past;

 

 

THINGS TO DO ARTER EXECUTING A LAND SALE CONTRACT

 

(a)   Once all payments have been made as required by the contract, make sure that the seller executes a deed transferring title of the property;

(b)   Make sure that the deed properly and adequately describes the property that was sold, properly identifies the buyer and seller, includes the purchase price and any restrictions or covenants that run with the land;

(c)   If the deed is correct, it MUST be filed with the Recorder of Deeds—MAKE SURE THIS IS DONE.

 

 

 

 

Prepared by

 

LEGAL SERVICES OF THE VIRGIN ISLANDS, INC.

3017 Estate Orange Gade

Christiansted, St. Croix

U.S Virgin Island 00820

(340) 773-2626

 

 

No. 57 Dronnigens Gade

Charlotte Amalie, St. Thomas

U.S Virgin Islands 00801

(340) 774-6720