Create Legal West Virginia Contract For Deed Forms For Free

If the land contract contains a forfeiture clause and the buyer defaults on payments, the seller can end the contract, take possession of the property, and keep the payments made by the buyer.

The current owner transferring property must sign a West Virginia deed. The county clerk cannot record an unsigned deed. An agent acting under power of attorney can sign a deed on the owner's behalf if the owner has signed a power-of-attorney agreement giving the agent authority.

To be enforceable, a land sale contract must satisfy the Statute of Frauds, which generally requires that these contracts be in writing and signed by the parties. Note that this writing is apart from the instrument under which the actual transfer takes place, which is known as the ?deed.?

West Virginia levies a deed transfer tax (often referred to as an excise tax) on real property. The tax is $1.10 per $1,000. Each county has the authority to establish its own excise tax rate, which the majority do. West Virginia does not have a mortgage tax.

Seller retains title A major drawback of a contract for deed for buyers is that the seller retains the legal title to the property until the payment plan is completed. On one hand, this means that they're responsible for things like property taxes. On the other hand, the buyer lacks security and rights to their home.

A West Virginia land contract documents the terms binding the parties in the purchase of vacant land. Whether for residential or commercial lot transactions, the parties can utilize this document to record information surrounding the transaction and any additional conditions they wish to include.