Seller Financing Addendum To Real Estate Purchase Contract for the United States

Seller Financing Addendum To Real Estate Purchase Contract Template for United States

A Seller Financing Addendum to Real Estate Purchase Contract 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. This document outlines the terms of the loan, including interest rate, payment schedule, security arrangements, and default provisions, while ensuring compliance with federal and state lending regulations.

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What is a Seller Financing Addendum To Real Estate Purchase Contract?

The Seller Financing Addendum To Real Estate Purchase Contract is utilized when traditional mortgage financing is either unavailable or undesirable for the transaction parties. This document, commonly used in the United States real estate market, supplements the main purchase agreement by detailing the financing arrangement between seller and buyer. It includes crucial elements such as loan amount, interest rate, payment terms, security provisions, and default remedies, while ensuring compliance with federal regulations like the Truth in Lending Act and state-specific usury laws. This addendum is particularly valuable in situations involving quick closings, buyers with unique circumstances, or sellers seeking regular income through interest payments.

What sections should be included in a Seller Financing Addendum To Real Estate Purchase Contract?

1. Parties: Identification of seller/creditor and buyer/debtor with their full legal names and addresses

2. Background: Reference to main purchase agreement, intent to provide seller financing, and context of the transaction

3. Definitions: Key terms used in the addendum including but not limited to Loan Amount, Interest Rate, Term, Security Instrument

4. Loan Terms: Detailed specification of principal amount, interest rate, term length, and payment schedule

5. Security Interest: Details of mortgage or deed of trust securing the loan, including property description and recording requirements

6. Default Provisions: Comprehensive outline of default scenarios, consequences, and available remedies for both parties

7. Representations and Warranties: Statements of fact and guarantees made by both parties regarding their ability to enter into the agreement

8. Governing Law: Specification of applicable state law and jurisdiction governing the agreement

What sections are optional to include in a Seller Financing Addendum To Real Estate Purchase Contract?

1. Balloon Payment: Terms and conditions of final balloon payment including amount, due date, and payment methods

2. Prepayment Provisions: Terms for early payoff of loan, including any penalties or incentives

3. Insurance Requirements: Specific insurance obligations of buyer beyond those in main contract

4. Due on Sale Clause: Provisions requiring full payment of the loan upon sale or transfer of the property

5. Late Payment Provisions: Specific terms regarding late payments, including grace periods and late fees

What schedules should be included in a Seller Financing Addendum To Real Estate Purchase Contract?

1. Amortization Schedule: Detailed payment schedule showing principal and interest allocation over the loan term

2. Property Description Schedule: Legal description of property being financed including lot number, subdivision, county records reference

3. Required Disclosures Schedule: State and federal mandatory lending disclosures including Truth in Lending disclosures

4. Promissory Note: Formal promise to pay document detailing the debt obligation

5. Security Instrument Form: Form of mortgage or deed of trust to be recorded against the property

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
Relevant legal definitions
Clauses
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

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 in certain cases

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or source of income

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected classes

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

State Mortgage Requirements: State-specific rules governing the creation, recording, and enforcement of mortgages and deeds of trust

State Real Estate Financing Regulations: State-level rules governing seller financing arrangements and associated licensing requirements

State Consumer Protection Laws: State-specific regulations protecting consumers in financial transactions including real estate financing

State Licensing Requirements: State-specific rules determining when seller financing requires special licensing or exemptions

Recording Requirements: State and local rules governing how real estate documents must be recorded in public records

IRS Regulations: Federal tax rules governing the treatment of seller-financed transactions including installment sales reporting requirements

State Disclosure Requirements: State-mandated disclosures that must be provided in seller financing arrangements

Foreclosure Laws: State-specific procedures and requirements for foreclosure in case of default on seller-financed transactions

Promissory Note Requirements: State-specific rules governing the format and content of promissory notes in real estate transactions

Teams

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