Owner Finance Purchase Agreement Template for United States

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Key Requirements PROMPT example:

Owner Finance Purchase Agreement

"I need an Owner Finance Purchase Agreement for a residential property sale in Texas, where I (the seller) will finance 80% of the $450,000 purchase price at 6.5% interest over 20 years, with closing planned for March 2025."

Document background
The Owner Finance Purchase Agreement serves as an alternative financing solution when traditional mortgage financing is not available or desired. This document, commonly used in the United States real estate market, establishes the legal framework for seller-financed property transactions. It includes essential elements such as property details, purchase price, payment terms, interest rates, security arrangements, and default remedies. The agreement must comply with both federal and state-specific regulations, including consumer protection laws, usury restrictions, and real estate requirements. This type of agreement is particularly useful for buyers who may not qualify for conventional mortgages or sellers seeking regular income through property financing.
Suggested Sections

1. Parties: Identification of seller (financier) and buyer with full legal names and addresses

2. Background: Context of the transaction and property details

3. Definitions: Key terms used throughout the agreement

4. Purchase Price and Payment Terms: Total amount, down payment, interest rate, and payment schedule

5. Security Interest: Details of the lien on the property

6. Insurance Requirements: Required property and other insurance coverage

7. Property Tax Obligations: Allocation of property tax responsibilities

8. Default Provisions: Consequences and remedies for payment default

9. Representations and Warranties: Statements of fact and guarantees by both parties

10. Governing Law: Jurisdiction and applicable laws governing the agreement

Optional Sections

1. Balloon Payment: Terms for final lump sum payment, if applicable

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

3. Property Management: Requirements for property maintenance and improvements

4. Due-on-Sale Clause: Provisions requiring full payment if property is sold

5. Escrow Account: Terms for handling escrow accounts for taxes and insurance

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property

2. Schedule B - Payment Schedule: Detailed amortization schedule showing payments, interest, and principal

3. Schedule C - Property Inspection Report: Current condition of property if relevant to financing terms

4. Schedule D - Title Documentation: Evidence of clear title and any existing liens

5. Schedule E - Required Disclosures: Federal and state-mandated lending disclosures

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

Clauses
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardized calculations of costs to help consumers compare different credit offers

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring specific disclosures about mortgage settlement costs and prohibiting kickbacks

Dodd-Frank Act: Federal legislation that imposed additional requirements on seller financing, including ability-to-repay verification and qualified mortgage standards

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

State Usury Laws: State-specific regulations that set maximum legal interest rates and define what constitutes usurious lending practices

State Real Estate Laws: State-specific regulations governing real estate transactions, including requirements for deeds, titles, and property transfers

State Contract Laws: State-specific rules governing contract formation, enforcement, and remedies

State Consumer Protection Laws: State-specific regulations protecting consumers from unfair or deceptive practices in financial transactions

State Recording Requirements: State-specific rules for recording real estate documents and maintaining public records of property ownership

State Foreclosure Laws: State-specific procedures and requirements for foreclosure proceedings in case of default

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, including secured transactions and negotiable instruments

Local Zoning Regulations: Municipal or county rules governing property use and development

Property Tax Regulations: Local and state rules governing property tax assessment, collection, and payment responsibilities

Title Insurance Requirements: State and lender requirements for title insurance to protect against property ownership disputes

Mortgage Licensing Requirements: State-specific rules determining whether seller-financiers must be licensed as mortgage lenders

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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