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Forums » Innovative Strategies » Land Contract Question

Land Contract Question Subscribe to Land Contract Question

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Real Estate Investor · Lincoln, California


I have a question for those who have experienced being a buyer using land contract. In California, this is also called a sales contract. My question is, if I purchased a home via a land contract with the seller and they had done their research on me, how would it work if I wanted to then sell the property off to another buyer OR finance it out to them....has anyone experienced this? And also, has anyone experienced where the seller will prevent you from being able to assign or transfer the contract? I would be very interested to know about your experience with this and whether it was something do-able. Thank you!


Real Estate Investor · Denver, Colorado


With a land contract, you don't have the deed. So, that's going to limit how you can sell the property. You can't straight out sell it unless the buyer pays you enough for you to pay off the land contract. You could sell it where the buyer gets a new loan and pays you enough so you can pay off the land contract and (hopefully) take some profit. But you couldn't sell it with owner financing where you hold the note.

You could sell on a second land contract. When you eventually get paid off, you would need to pay off the first land contract.

You could sell with a lease option.

As far as what you can do with the property, that depends on the land contract. If you intention is to sell the property on or rent it, you would want to be sure your contract didn't exclude that.

For example, its very common to have a "no subleases" provision in a lease. But if you lease optioned a house with the intention of doing a sandwich lease option (i.e., lease optioning it to someone else), you would need to be sure your lease didn't have that provision. Same deal here.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Lincoln, California


Thanks Jon. My partner and I are also researching whether or not a land contract being subleased out, even if allowed by the seller in the contract, can trigger a due-on-sale clause if the bank can see what you recorded. These types of creative financing strategies do seem to require a lot of research:) But thank you for your detailed reply!


Real Estate Investor · Denver, Colorado


That's doesn't really make sense. If the seller has financing on the property, and sells it to you with a land contract, that's the event that triggers the due on sale clause in the financing. There may be an exception if its a VA loan, but the land contract is a legal transfer of ownership, and so triggers the due on sale clause. You leasing it to someone else (its not a sublease, because you aren't leasing it) doesn't cause any additional problems.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Rochester Hills, Michigan


I read your question a bit differently then Jon - I read it as you want to buy on a land contract and then sublease the property out to a tenant. If that is your qeustion that depends on your land contract. I do lots of land contracts and I do allow those who buy from me to lease it out (as Jon said it isn't a sublease) - but that is something I have in my contractrs and others may not have in their land contracts - that is a case by case.

Doing a second land contract is not something my land contract would allow - meaning if they are going to sell it I need to be paid off VS a daisy chain of payments.


Real Estate Investor · Lincoln, California


Scott--thanks for your reply. That's basically what I was talking about and explains it for me. I am currently reading the laws in California regarding land contracts, and they are pretty clear (surprising!) so far. I was looking at both of those scenarios, having someone be a tenant and also having someone buy it from me but I know then I would have to have enough of a good deal to pay off the seller and obtain title. Thanks for your help!


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