Jackson Stieb, Jackson Stieb Jr Real Estate Agency (Real Estate Agency)

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Rainmaker
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Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

#1) An experienced real estate attorney would also be able to set up amortized finance papers for land contracts.

#2) Obviously Yes. The buyer may escape higher requirements of other lenders and owner financing may help the seller to sell in a tough market.

#3) No, the buyer could always die or sell at anytime as well as pay off the debt. The best way to potentially achieve avoiding a payoff/refinance is to have great terms to begin with as well as the loan being made assumable (Prepayment penalties may or may not be allowed in land contracts, check the state laws regarding that).

#4) Recommend an experienced real estate attorney to draw up a real estate purchase agreement as well as other needed documents (addendums, disclosures etc.) that would be legally enforceable in your state.

 

Given your background, I'm surprised by your need to ask this.

 

Given that you are a broker/owner who clearly appears to be helping this owner by gathering information, why don't you just go a step further and provide the needed C.A.R. Zip Forms?

Your last question states that the owner doesn't want broker representation, why the FREAK are you helping this owner?

Would love to hear your response.

May 01, 2016 05:04 PM
Rainmaker
831,035
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I don't give advice without representation aside from hiring a lawyer for these types of events

May 01, 2016 10:22 PM
Rainmaker
4,905,355
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

Pete X is well-versed and his answer should be read by all.....

May 02, 2016 01:58 AM
Rainmaker
195,609
Jill Moog
Coast & Country Homes and Estates, Inc. - Carlsbad, CA
Carlsbad, CA Homes for Sale

I agree seller financing can be a great alternative to conventional loans for both buyer and seller. However, if seller has questions and does not want to involve a realtor than she really needs to speak with an attorney to make sure everything is set up as she desires. Also, she needs to make her estate plans.

May 02, 2016 12:01 AM
Rainmaker
2,434,443
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Its this type of work that people charge money for and not offer for free

May 01, 2016 11:51 PM
Rainmaker
688,017
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I just wrote a post on seller financing, which is common in AZ -- and is done in CA as well. Your state forms should already have seller carryback addendums. Your state also should have representation disclosures. The only question that really wasn't answered in my post is #3, in which I believe you're asking about prepayment penalties. I do not know if prepayment penalties are legal in CA. I do know that in AZ, our carryback addendum specifically says "payments or more". I don't believe you can prevent a buyer from refinancing a carried mortgage. I do believe that you can build in prepayment penalties that burn off as the loan is paid off. You need an attorney to answer these questions in more detail.

May 01, 2016 11:14 PM
Rainmaker
1,516,296
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

First off, doing what you are asking is being your own attorney which is never the smart thing to do. In IL, just get an attorney. 

4 - Why worry what they do - send them to an attorney. 

1 - As an agent in IL I can only fill out the approrpriate forms & then the attorneys take over. I CANNOT write in any legal wording or editing which is practicing law. Quick way to loose your license.

3 - Your question doesn't make sense.

May 01, 2016 10:16 PM
Ambassador
4,106,131
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

This is not the place to give an answer as detailed as you ask for.

Far to complex of an issue.

To simplify though, most would be foolish to get into this with someone who cannot get bank financing.

30 years is out of the question, most will insist on a balloon of 2-3 years.

 

May 01, 2016 09:56 PM
Rainmaker
342,289
Brenda J. Andrew
ULTIMA REAL ESTATE - Corpus Christi, TX
Professional Realtor in Corpus Christi, TX

In Texas the Texas Real Estate Commission or TREC, has these forms already available for us to use.  I know you don't want to be referred to websites but there might be some good information for you to view on the forms.  Just search for TREC or Texas Real Estate Commission.  There is a seller financing addendum.  We also have a place in special provisions on our contracts where things can be written in.  We have to be careful though as to "not be practicing law" since we are not attorneys.  The refinance part is also covered in this form.  Does California have standardized forms for contracts?  If so, I would use the standarized form and in special provisions put the Broker ________________ is representing the buyer only in this transaction or vice versa.  It may be something to get legal advice on also, and find out what an attorney would charge to draw up the paperwork.  Good luck!

May 01, 2016 09:28 PM
Rainmaker
633,946
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Pete X with X Group Real Estate Advocates gave you a lot of information. There are standard forms for owner financing BUT it is important to get the terms right and include all the clauses needed. If both parties are not very experienced lawyers should be hired.

May 01, 2016 07:24 PM
Ambassador
1,613,568
Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

hire a lawyer to develop strong contract fair to all parties

May 20, 2017 06:16 AM
Rainmaker
4,796,627
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Ask an attorney for guidance.

May 14, 2017 05:57 AM
Ambassador
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I always advise sellers to just say no.

May 02, 2016 04:12 PM
Rainmaker
728,805
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

1 - local re attorney

2 - local attorney

3 - local mortgage lender (stiff pre-payment penalties)

4 - local rules and reg's, or agian good re attorney 

May 02, 2016 02:27 AM
Rainmaker
1,291,478
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

These questions are beyond an agents scope of responsibility and legal license.  Getting involved in such discussions creates unnecessary liability for the agent and the real estate office.    These are attorney / accountant questions.  

May 02, 2016 12:29 AM
Rainmaker
3,050,725
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Sounds like an attorney should be consulted

May 01, 2016 11:53 PM
Rainmaker
4,432,093
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I advice clients to talk to an attorney.

May 01, 2016 11:23 PM
Ambassador
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

This is something to discuss with a real estate and tax attorney to see if it is advisable for the risk and with today's interest rates. Don't try to reinvent the wheel.

May 01, 2016 11:06 PM
Rainmaker
783,646
Susan Laxson CRS
HomeSmart Professionals - La Quinta, CA
Local Knowledge & Global Network

I agree with some of the already provided responses that this is far too complex and a legal issue to provide detailed answers.

May 01, 2016 10:30 PM
Rainer
180,510
Bob Betel
Allstar Home Mortgage, Inc. - Sweetwater, TN
President, Allstar Home Mortgage, Inc

With the low interest rate environment, I would expect no one is doing this

May 01, 2016 10:20 PM
Rainmaker
5,306,108
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Most of the home sellers are not interested in carrying a mortgage.

May 01, 2016 09:28 PM