Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract - Georgia 2025

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A purchase and sale agreement, also called a sales and purchase agreement or a purchase and sales contract, is a legally binding document that parties in a transaction use to stipulate the terms and conditions that will guide the sale and transfer of goods or property.
Under Georgia law, all these agreements are treated synonymously. When a seller of real estate agrees to finance some or all of the purchase price to the buyer, he may use a contract for deed.
The court ruled that an Agreement for Deed would be treated for all intents and purposes like a Security Deed. The problem is that in this case no one really gets what they want. The buyer does not have any sort of real recorded title to the deed. They cannot sell the property or refinance.
Risks of a Contract for Deed Additionally, balloon payments may be required after a certain amount of time has passed, which can also lead to financial hardship if not planned for. If disputes arise between the buyer and seller of a contract for deed property, legal recourse is limited for the party living in the home.
Contracts for deed are loans where the seller keeps the legal title of a home until the borrower makes all the payments. Some contracts for deed can provide a path to homeownership, but most carry risks.
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Under Georgia law, for a contract to be valid, there must be an offer, acceptance, consideration, and mutual assent. See O.C.G.A.
Is a contract for deed a good idea? The seller retains the title. This can extend through the completion of your payment plan, which can complicate things like ownership and taxes, as well as personal security and rights. Maintenance gets confusing. Theres little regulation. Sellers dont have it easy.

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