Battle Creek, MI asked in Real Estate Law for Michigan

Q: If I am buying a house on land contract in Michigan am I allowed to sell as long as the land contract holders get payoff

I want to sell a house I am buying on land contract

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2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: Yes is the simple answer. This type of sale is not unusual.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: I concur, the 'simple' answer is usually 'yes', but the land contract itself needs to be consulted before you go too far. For example, there may be a 'due on sale' clause meaning you have to pay off the land contract *immediately* upon such a sale, or it may not depending on what your contract says. Or there might be a 'restriction' (for example, Habitat for Humanity puts restrictions on reselling property based on the 'charitable' nature of the original transaction, although that is usually in the form of a mortgage rather than land contract) that would prevent such an action.

Get legal advice SPECIFIC to your situation before you go too far in any decision! Hiring an attorney is a really cheap insurance policy to make sure things go well!

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