Georgia Owner Financing Contract for Land is a legal agreement between a buyer and a seller that allows the buyer to purchase land without acquiring traditional mortgage financing from a bank or financial institution. The seller acts as the lender and finances the purchase directly to the buyer, essentially eliminating the need for a third-party lender. In Georgia, there are primarily two types of owner financing contracts for land: 1. Contract for Deed: Also known as a land contract or installment sale agreement, a contract for deed in Georgia allows the buyer to make payments directly to the seller over an agreed-upon period. The buyer gets possession of the land but does not receive the title until the full purchase price, including interest, is paid. This type of contract provides the seller with additional security as they retain ownership until the buyer completes all payments. Once fulfilled, the seller transfers the title to the buyer. 2. Promissory Note and Deed to Secure Debt: This type of owner financing contract allows the buyer to obtain immediate ownership of the land while entering into a promissory note agreement with the seller. The buyer makes regular installment payments, including principal and interest, over an agreed-upon period. A deed to secure debt is executed simultaneously, giving the seller a security interest in the property until the debt is fully repaid. After full payment, the seller releases the lien, and the buyer obtains clear title to the property. Both types of owner financing contracts for land in Georgia have certain key elements. These include: 1. Purchase Price: The agreed-upon amount that the buyer will pay, inclusive of any down payment or earnest money. 2. Interest Rate: The rate at which interest will accrue on the outstanding principal amount. This rate is usually negotiable between the buyer and the seller. 3. Payment Terms: The frequency and amount of payments that the buyer will make to the seller, including any grace period or late payment fees. 4. Due-On-Sale Clause: A provision that states the buyer must pay the outstanding balance in full if they sell the land before completing the payment terms. 5. Default and Remedies: Conditions under which the contract will be considered in default and the remedies available to both parties, such as the right to terminate the contract or seek damages. It's crucial for both buyers and sellers to consult with legal professionals experienced in real estate law to ensure that the Georgia Owner Financing Contract for Land complies with all state regulations and protects their respective interests.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.