Smith County Contract for Deed Form (Texas)

The following Texas and Smith County supplemental forms are included as a courtesy with your order:

When using these Contract for Deed forms, the subject real estate must be physically located in Smith County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Smith County include:

• Arp
• Bullard
• Flint
• Lindale
• Troup
• Tyler
• Whitehouse
• Winona

Contract for Deed also known as a Land Contract
Use for Seller financing of a home, condominium, rental property (up to 4 units), planned unit development, and land.

Financing can be conventional installment payments or installments followed by a balloon payment. This is often used with owner financing. 3 years of payments followed by a balloon payment. This gives the buyer time to build equity and credit. Buyer has the right to prepay any additional sums to reduce the principal at any time without penalty.
This form includes the following as per [Texas Code 5.071-Seller's Disclosure of Financing Terms]
[(1) the purchase price of the property;
(2) the interest rate charged under the contract;
(3) the dollar amount, or an estimate of the dollar amount if the interest rate is variable, of the interest charged for the term of the contract;
(4) the total amount of principal and interest to be paid under the contract;
(5) the late charge, if any, that may be assessed under the contract; and
(6) the fact that the seller may not charge a prepayment penalty or any similar fee if the purchaser elects to pay the entire amount due under the contract before the scheduled payment date under the contract.]

Oral Agreements Prohibited.
(d) The seller shall include in a separate document or in a provision of the contract a statement printed in 14-point boldfaced type or 14-point uppercase typewritten letters that reads substantially similar to the following:
THIS EXECUTORY CONTRACT REPRESENTS THE FINAL AGREEMENT BETWEEN THE SELLER AND PURCHASER AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. (Texas Property Code 5.072)

This form can also be used if there are one or more existing liens on the property, includes the warning statement:
WARNING: ONE OR MORE RECORDED LIENS HAVE BEEN FILED THAT MAKE A CLAIM AGAINST THIS PROPERTY AS LISTED BELOW. IF A LIEN IS NOT RELEASED AND THE PROPERTY IS CONVEYED WITHOUT THE CONSENT OF THE LIENHOLDER, IT IS POSSIBLE THE LIENHOLDER COULD DEMAND FULL PAYMENT OF THE OUTSTANDING BALANCE OF THE LIEN IMMEDIATELY. YOU MAY WISH TO CONTACT EACH LIENHOLDER FOR FURTHER INFORMATION AND DISCUSS THIS MATTER WITH AN ATTORNEY. (Texas Statute 5.016)

A purchaser has the right to cancel a contract without cause within 14 days after execution. This form contains this clause and the "Cancellation Notice" form.
(YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY TIME DURING THE NEXT TWO WEEKS. THE DEADLINE FOR CANCELING THE CONTRACT IS (date). THE ATTACHED NOTICE OF CANCELLATION EXPLAINS THIS RIGHT.) (Statute 5.074 Purchaser's Right to Cancel Contract Without Cause)

SELLER'S DISCLOSURE OF PROPERTY CONDITION form provided as per Texas Property Code Statute Sec. 5.069.
a written notice, which must be attached to the contract, informing the purchaser of the condition of the property that must, at a minimum, be executed by the seller and purchaser and read substantially similar to the following: (See Statute 5.069)

Annual Accounting Statement Form included
Yearly no later than January 31, seller must provide an accounting statement that includes
[(1) the amount paid under the contract;
(2) the remaining amount owed under the contract;
(3) the number of payments remaining under the contract;
(4) the amounts paid to taxing authorities on the purchaser's behalf if collected by the seller;
(5) the amounts paid to insure the property on the purchaser's behalf if collected by the seller;
(6) if the property has been damaged and the seller has received insurance proceeds, an accounting of the proceeds applied to the property; and
(7) if the seller has changed insurance coverage, a legible copy of the current policy, binder, or other evidence that satisfies the requirements of Section 5.070(a)(2)]. [Statute5.077 Annual Accounting Statement]

Oral Agreements Prohibited, this form includes the following clause as per statute.
(THIS EXECUTORY CONTRACT REPRESENTS THE FINAL AGREEMENT BETWEEN THE SELLER AND PURCHASER AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.) (Texas Property Code Statute 5.072)

Demand for Payment Form included.
This form itemizes all payments, fees, late charges due upon delinquency.
DEMAND IS MADE FOR PAYMENT OF THIS PAST DUE AMOUNT. IF PAYMENT IS NOT RECEIVED BY THE DEFAULT DATE. WE WILL PROCEED TO ENFORCE ANY OR ALL OF OUR RIGHTS AS APPLICABLE UNDER "SELLER'S REMEDY" (PAGE 5 SECTION 18 OF THE SUBJECT "CONTRACT FOR DEED" AND SHOWN ON THE SIGNATURE PAGE BELOW.

(Texas Contract for Deed Package includes forms, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Smith County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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