Seller Financing Addendum for the United States

Seller Financing Addendum Template for United States

A Seller Financing Addendum is a legal document used in the United States that supplements a primary real estate purchase agreement when the property seller agrees to finance all or part of the purchase price for the buyer. The document outlines the terms of the financing arrangement, including interest rate, payment schedule, security interests, and default provisions, while ensuring compliance with federal and state lending regulations.

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What is a Seller Financing Addendum?

The Seller Financing Addendum is essential when traditional bank financing is not utilized in a real estate transaction. This document, governed by U.S. federal and state laws, becomes necessary when sellers agree to accept periodic payments from buyers instead of a full cash payment at closing. The addendum details crucial elements such as payment terms, interest rates, security arrangements, and default remedies, while ensuring compliance with regulations like the Truth in Lending Act and state-specific usury laws. It serves as a critical supplement to the main purchase agreement, protecting both parties' interests in the seller-financed transaction.

What sections should be included in a Seller Financing Addendum?

1. Parties: Identification of seller/lender and buyer/borrower

2. Background: Context of the sale and financing arrangement

3. Definitions: Key terms used throughout the document

4. Loan Terms: Principal amount, interest rate, payment schedule

5. Security Interest: Description of property serving as collateral

6. Default Provisions: Consequences of payment default

7. Signatures: Execution by all parties

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

1. Balloon Payment: Terms and conditions for final larger payment, if applicable to the financing structure

2. Prepayment Provisions: Terms and conditions for early payoff of the loan

3. Insurance Requirements: Specific property insurance terms and conditions required by the seller

4. Due on Sale: Terms regarding property transfer restrictions during loan term

What schedules should be included in a Seller Financing Addendum?

1. Payment Schedule: Detailed amortization table showing payment breakdown

2. Property Description: Legal description of the property serving as collateral

3. Required Disclosures: State and federal required disclosure forms

4. Insurance Certificates: Copies of required insurance documentation

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardized calculation of finance charges and annual percentage rates.

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal legislation that imposes restrictions on seller financing and requires compliance with ability-to-repay rules for residential properties.

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators, which may affect seller financing arrangements.

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 governing the collection, dissemination, and use of consumer credit information, relevant if credit checks are performed.

State Usury Laws: State-specific regulations that set maximum legal interest rates for financing arrangements.

State-Specific Seller Financing Restrictions: Individual state laws that may limit or regulate seller financing arrangements, including licensing requirements and transaction limits.

State Real Estate Laws: State-specific regulations governing real estate transactions, including required disclosures and documentation.

State Mortgage and Deed of Trust Laws: State-specific requirements for securing the financing through mortgages or deeds of trust.

State Consumer Protection Laws: State-specific regulations protecting consumers in financial transactions, including required disclosures and prohibited practices.

Local Recording Requirements: County or municipal requirements for recording seller financing documents and related fees.

Garn-St. Germain Act: Federal law affecting due-on-sale clauses and their enforcement in seller financing situations.

IRS Regulations: Federal tax regulations governing installment sales and reporting requirements for seller financing arrangements.

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