Collier County Agreement for Deed Form | Florida (2024)

Agreement for Deed Form

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An "Agreement for Deed," also known as a land contract or contract for deed, is a financing arrangement where the seller retains the legal title to the property until the buyer fulfills the terms of the agreement, typically by paying the purchase price over time. In Florida, this type of agreement can be useful in specific situations:
When to Use an Agreement for Deed in Florida
1.Buyers with Limited Financing Options:
Credit Issues: Buyers who may have difficulty obtaining traditional mortgage financing due to poor credit scores or lack of credit history can use an Agreement for Deed.

Self-Employed or Irregular Income: Buyers with irregular income or those who are self-employed and may not meet traditional lending criteria can benefit from this arrangement.

2. Seller Financing:
Investment Strategy: Sellers who prefer to receive steady payments over time rather than a lump sum can use an Agreement for Deed as a form of seller financing.

Retaining Title: Sellers who wish to retain legal title until the buyer has paid in full can protect their interest in the property through this method.

3. Ease of Transfer:
Simplified Process: This type of agreement can simplify the process of property transfer, avoiding some of the complexities and costs associated with traditional mortgages and closing procedures.

4. Negotiable Terms:
Flexibility: The terms of an Agreement for Deed can be tailored to fit the needs of both the buyer and seller, including down payment amount, interest rate, and payment schedule.

5. Quick Sale:
Market Advantage: Sellers can use this agreement to attract buyers in a sluggish real estate market by offering more flexible financing options.
Legal Considerations and Requirements
• Documentary Stamp Tax: As mentioned, Florida law considers an Agreement for Deed a transfer of interest in real property, subject to documentary stamp tax at the time of recording the contract. Imposition of Documentary Stamp Tax: Florida law considers the execution of a land contract as a transfer of interest in real property. Consequently, the documentary stamp tax applies to the full purchase price outlined in the land contract. This tax is similar to the tax imposed on traditional deeds.
• Timing of Tax Payment: The documentary stamp tax must be paid at the time the land contract is recorded. The responsibility for this tax typically falls on the seller, but the terms can vary depending on the agreement between the buyer and seller.
• Tax Calculation: The tax is calculated based on the purchase price of the property. As of now, the rate is $0.70 per $100 of the total purchase price, although this rate can change, and there may be additional surtaxes in certain counties.
• Default and Foreclosure: If the buyer defaults, the seller may need to follow formal foreclosure procedures to reclaim the property.
• Consumer Protection: Florida law requires certain disclosures and protections for buyers in these agreements, such as the right to cancel within seven business days of execution without penalty. 498.028 CONTRACTS AND CONVEYANCE INSTRUMENTS.--The contract for purchase of subdivided lands shall contain, and the subdivider shall comply with, the following provisions:
(1) The purchaser shall have an absolute right to cancel the contract for any reason whatsoever for a period of 7 business days following the date on which the contract was executed by the purchaser.
(2) In the event the purchaser elects to cancel within the period provided, all funds or other property paid by the purchaser shall be refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer.
(3) If the property is sold under an agreement for deed or a contract for deed where title to the property is not conveyed to the purchaser within 180 days or if the promised improvements to the property have not been completed, the agreement or contract shall contain the following language in conspicuous type immediately above the line for the purchaser's signature:
YOU MAY NOT RECEIVE YOUR LAND UNDER THIS CONTRACT IF THE SUBDIVIDER FILES FOR BANKRUPTCY PROTECTION OR OTHERWISE IS UNABLE TO PERFORM UNDER THE TERMS OF THIS CONTRACT PRIOR TO YOUR RECEIVING A DEED EVEN IF YOU HAVE MADE ALL THE PAYMENTS PROVIDED FOR UNDER THIS CONTRACT. IF YOU HAVE ANY QUESTIONS ABOUT THE MEANING OF THIS DOCUMENT, CONSULT AN ATTORNEY.

•Recording the Agreement: To protect both parties, the Agreement for Deed should be recorded with the county recorder's office.

Use for residential, vacant land, rental property, condominiums and planned unit developments. For use in Florida only.