A land contract—also known as a contract for deed, an installment land contract, or a land sales contract—is an agreement between a buyer and seller for the sale and purchase of a specific piece of land. Land contracts may consist of undeveloped land or include both land and building structures located on the land.
Land contracts are often completed with seller financing in which the buyer pays the seller in monthly payments or installments that include an agreed interest rate and a lump sum balloon payment after a certain number of years. When the buyer has made the monthly payments for the required number of years, plus any balloon payment, the seller is required to transfer the title (evidence of ownership) to the buyer, as provided by the land contract.
Land contracts may also be financed by banks or other lenders—often with traditional deed of trust or mortgage agreements. Bank and other lender loans for undeveloped land will often be financed at a higher interest rate and for a shorter term (with a balloon payment) than a traditional home mortgage, for example.
When the balloon payment to the bank or lender comes due a builder or developer may get a takeout loan to replace the existing loan—with the expectation of securing better terms (interest rate, etc.) because the land will be developed (at least in part) and the loan will be better secured by the value of the development (building structures, etc.) on the land.
In South Dakota, a land contract, also known as a contract for deed, is a legal agreement where the buyer agrees to pay the seller for a property in installments, including interest, and possibly a balloon payment at the end. The seller retains legal title to the property until the buyer completes all payments, at which point title is transferred to the buyer. These contracts are a form of seller financing and are often used when traditional bank financing is not available or desirable. South Dakota law requires that such contracts be in writing and include specific terms of the agreement. If the contract is for residential property, it must comply with the South Dakota Real Estate Installment Contract Act, which provides certain protections for buyers, such as the right to cure defaults. Financing for land contracts can also be obtained through banks or other lenders, typically at higher interest rates and shorter terms for undeveloped land. Developers may use takeout loans to secure better financing terms once development has increased the land's value. It's important for both buyers and sellers to understand their rights and obligations under these contracts and to consider seeking advice from an attorney to ensure the contract complies with state laws and to navigate the complexities of financing.