View Full Version : How does the seller break a contract for deed agreement
Heith
Dec 13, 2010, 07:59 AM
I have a contract for deed for a home I was selling, the buyers are fixing to default on the contract and return the property to me. Is there another form or contract that I need to file with the county to revert possession back to me, the existing contract was filed with the county. Location is in Texas and I now live out of state
excon
Dec 13, 2010, 08:04 AM
Hello H:
Whatever relief you have is contained in the only contract you've got. MOST of 'em are written so that when, and/or if a default occurs, the property reverts to a rental, making eviction easy. Plus, a contract for deed is ONLY a contract. The property should NOT have been transferred into their names.
Tell me what your contract says about default.
excon
tazimorandi
Jan 10, 2011, 11:43 PM
In Colorado, this is called an Installment Land Contract. The property sounds like it was never in the new buyers name to begin with. If they default on the contract for deed, then it should go back into your name once all of the legal proceedings have been done. There may be some form the County will require to clear the title back into your name alone.
AK lawyer
Jan 11, 2011, 01:45 AM
... The property ... should go back into your name once all of the legal proceedings have been done. ...
As I read the question, there are no "legal proceedings" in the works. All that has happened is that a contract for deed was recorded.
The problem is that, if one looks at the record title, the buyers have some interest in the property. Heith needs to get this straightened out now, preferably, rather than wait 20 years when everyone has disappeared.
What I would suggest is that the defaulting buyers quitclaim the property back to you, if they will. Heith, do you expect anything to compensate you for a broken contract? If so, hopefully that can be litigated, if needed, aside from the issue of such a quitclaim.