An "Ohio Land Contract," also known as a “Land installment Contract”, is a form of seller financing used to purchase real estate. This arrangement is particularly useful for buyers who may not qualify for traditional mortgage financing from banks or other financial institutions. In Ohio, land contracts are governed by specific statutes that outline the rights and responsibilities of both the seller and the buyer.
Chapter 5313. of the OH. Revised Code (A) "Land installment contract" means an executory agreement which by its terms is not required to be fully performed by one or more of the parties to the agreement within one year of the date of the agreement and under which the vendor agrees to convey title in real property located in this state to the vendee and the vendee agrees to pay the purchase price in installment payments, while the vendor retains title to the property as security for the vendee's obligation. Option contracts for the purchase of real property are not land installment contracts.
Overview of an Ohio Land Contract
A land contract is essentially an agreement between a seller (vendor) and a buyer (vendee) where the seller provides the financing for the purchase of the property. Unlike a traditional real estate transaction where the buyer obtains immediate title to the property, a land contract allows the seller to retain legal title until the buyer fulfills the terms of the contract.
Key Features of an Ohio Land Contract
1. Payment Structure: The buyer agrees to make installment payments over a period, which usually includes interest. These installments are often structured similarly to a mortgage, with part of each payment reducing the principal balance and part going toward interest. Can be used for traditional installment payments or installments with a balloon payment. This contract includes late payment fees if applicable.
2. Possession and Equitable Title: The buyer takes possession on a set date and gains equitable title, meaning they have the right to obtain full legal title once all contractual conditions have been met.
3. Transfer of Title: The legal title remains with the seller until the full purchase price has been paid by the buyer. Once the buyer completes all payments, the seller is obligated to transfer legal title to the buyer.
4. What Is Default: For the purposes of this Land Contract, "default" shall mean any of the following events: (a) Failure by Purchaser to pay any installment payment or other monetary obligation owed to Seller when due, or (b) Failure by Purchaser to obey any other obligation under this Land Contract, or (c) if Purchasers rights under this Land Contract are taken away by operation of law.
5. Maintenance and Taxes: The buyer is typically responsible for maintaining the property and paying property taxes during the term of the contract, even though the legal title has not yet been transferred.
Use this form for residential, rental property, and condominiums. It is flexible to meet specific needs. For use in Ohio only.
