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Seller Financing Contract for the United States

Seller Financing Contract Template for United States

A Seller Financing Contract is a legal agreement used in the United States where the property seller acts as the lender, providing direct financing to the buyer instead of the buyer obtaining a traditional mortgage from a bank. This document outlines the terms of both the property sale and the financing arrangement, including purchase price, down payment, interest rate, payment schedule, and security interests. It must comply with federal regulations including TILA and state-specific lending laws, while incorporating necessary consumer protections and disclosures.

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What is a Seller Financing Contract?

A Seller Financing Contract becomes necessary when traditional bank financing is either unavailable or undesirable for property purchases in the United States. This contract type is particularly useful for buyers who may not qualify for conventional mortgages or sellers seeking steady income through interest payments. The agreement combines elements of both a purchase agreement and a mortgage document, detailing not only the property transfer but also the specific financing terms. When drafting a Seller Financing Contract, careful attention must be paid to federal regulations like the Truth in Lending Act, state-specific usury laws, and local real estate requirements. The document typically includes comprehensive terms about property transfer, payment obligations, security interests, and default remedies, while ensuring compliance with both federal and state lending regulations.

What sections should be included in a Seller Financing Contract?

1. Parties: Identification of seller/lender and buyer/borrower with full legal names and addresses

2. Background: Context of the sale and financing arrangement, including property details and purpose of agreement

3. Definitions: Key terms used throughout the contract including Property, Purchase Price, Loan Amount, Interest Rate

4. Purchase Price and Financing Terms: Total purchase price, down payment amount, loan amount, interest rate, and term of financing

5. Payment Schedule: Monthly payment amounts, due dates, term length, and late payment provisions

6. Security Interest: Property description and lien details, including security instrument specifications

7. Default Provisions: Consequences of missed payments, breach of contract, and remedies including foreclosure rights

8. Governing Law: Applicable jurisdiction, legal framework, and dispute resolution procedures

What sections are optional to include in a Seller Financing Contract?

1. Prepayment Terms: Optional provisions for early payment or loan payoff, including any prepayment penalties

2. Insurance Requirements: Specifications for property insurance, liability coverage, and other insurance obligations

3. Transfer Restrictions: Limitations on property transfer or sale during the financing term, including due-on-sale provisions

4. Maintenance Requirements: Property maintenance standards and upkeep obligations of the buyer

What schedules should be included in a Seller Financing Contract?

1. Schedule A - Property Description: Detailed legal description of the property including address, boundaries, and parcel numbers

2. Schedule B - Payment Schedule: Comprehensive amortization table showing payment breakdown over the loan term

3. Schedule C - Required Disclosures: State and federal mandatory lending disclosures including Truth in Lending statements

4. Schedule D - Property Inspection Report: Documentation of current property condition and any material defects

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses





























Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardized calculation of APR in consumer credit transactions

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal legislation that reformed financial regulation and consumer protection after the 2008 financial crisis, affecting seller financing requirements

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

State Usury Laws: State-specific regulations that set maximum legal interest rates for loans and financing agreements

State Mortgage Regulations: State-specific rules governing mortgage lending, including seller financing requirements and restrictions

State Licensing Requirements: State-specific licensing obligations for parties engaging in seller financing transactions

State Disclosure Requirements: State-mandated disclosures that must be provided in seller financing transactions

State Foreclosure Laws: State-specific procedures and requirements for foreclosure in case of default

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer financial products and services, including seller financing

Uniform Commercial Code (UCC): Standardized set of business laws regulating financial contracts and transactions

Statute of Frauds: Legal requirement that certain contracts, including real estate transactions, must be in writing to be enforceable

IRS Regulations on Installment Sales: Federal tax regulations governing the treatment of seller-financed transactions and installment payments

State Property Laws: State-specific regulations governing real property transactions and ownership rights

Recording Requirements: Legal requirements for recording seller financing agreements and related documents with appropriate government offices

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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