FIVE WAYS TO REFORM CONTRACT-FOR-DEED SALES
Problem: Sellers are not required to publicly register contract-for-deed sales, so most transactions remain secret. Without a public record, unscrupulous investors can resell property without the buyer's consent, and buyers have no way of knowing about previous deals that collapsed.
Proposed solution: Make buyers and sellers responsible for recording the transactions, and impose penalties on those who don't. Currently, only buyers are legally responsible for registering these sales with the county, but no one appears to be enforcing that requirement or routinely informing buyers of it.
Problem: Some buyers don't understand their responsibilities, such as paying off the entire purchase price by the end of the contract, typically three years.
Proposed solution: Require sellers to provide a disclosure form to buyers that explains risks and offers advice, such as obtaining an independent appraisal.
Problem: Some sellers are not providing buyers with required inspection reports showing outstanding code violations, such as bad plumbing and faulty wiring.
Proposed solution: Give buyers recourse for such failures, including the right to sue if local officials do not enforce the requirement.
Problem: Some buyers are being pressured into contract sales without making a fully informed decision because they are desperate for housing.
Proposed solution: Mandate a cooling-off period, so that buyers can cancel a contract if they have second thoughts or discover a previously undisclosed problem with the property.