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Texas Agreement or Contract for Deed a/k/a Land or Executory Contract - Residential Use Only

State:
Texas
Control #:
TX-00470-R
Format:
Word; 
Rich Text
Instant download

Description Agreement Contract Deed

Texas Contract for Deed related forms. These forms comply with the Texas law, and deal with matters related to Contract for Deed.

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How to fill out Deed Residential Form?

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Texas Deed Form Blank Other Form Names

Agreement Residential Form   Agreement Contract Residential   Form All Contract   Contract Deed Use   Contract Deed Form Sample   Texas Deed Land   Tx Agreement Form  

Residential Only Form FAQ

There are two possible treatments of installment land contracts under the Code: (1) a court may find an installment land contract is an executory contract; or (2) a court may find that it creates a security interest on property similar to a mortgage.

An executory contract is a contract that has not yet been fully performed or fully executed. It is a contract in which both sides still have important performance remaining.

A contract under which unperformed obligations remain on both sides, or where both parties have continuing obligations to perform. For example, most leases or contracts for the sale of goods where the goods have not been delivered by the seller and the buyer has not paid, are executory contracts.

A contract for deed, also called a land contract or contract for sale, is a financing option for buyers who do not qualify for a mortgage loan to purchase property. In a contract for deed, the seller finances the purchase of the property, much like a mortgage company in a more traditional mortgage situation.

Recording Requirement No longer. Section 5.076(a) states that the seller shall record the executory contract, including the attached disclosure statement . . . on or before the 30th day after the date the contract is executed. Additionally, any instrument that terminates the contract must be recorded.

In the first instance, if your deed is not recorded, there is nothing in the public record to stop the seller from conveying the property to another person.The second situation could happen if your seller fails to pay his or her debts and the seller's creditors file liens or judgments against your property.

Besides leases, employment agreements, franchise agreements, sales and purchase agreements, supply agreements and the like are considered executory contracts.

A contract for deed is a different form of seller-finance. In a contract for deed, the seller keeps the title to the property and the buyer does not receive a deed to the property.In Texas, contracts for deed on residential property are considered potentially predatory and subject to strict consumer-protection laws.

Something (generally a contract) that has not yet been fully performed or completed and is therefore considered imperfect or unassured until its full execution. Anything executory is started and not yet finished or is in the process of being completed in order to take full effect at a future time.

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Texas Agreement or Contract for Deed a/k/a Land or Executory Contract - Residential Use Only