Practice Area: Real Estate

Owner/Privately Financed Transactions and Leases with Option to Purchase

In addition to handling closing transactions with traditional lenders, our attorneys frequently accommodate transactions that are financed in non-traditional ways. The three most common ways such financing is accomplished are: 1. seller financing, where title to property passes to the buyer at closing, but the seller receives a note that is secured by a recorded deed of trust, allowing the seller to foreclose in the event of default; 2. private financing, where an individual or entity agrees to lend money for a transaction, and the lender receives a note that is secured by a recorded deed of trust, allowing the lender to foreclose in the event of default; and 3. lease with option to purchase, where seller retains title to the property until the full purchase price is paid, but buyer is given a term over which to make the payments. Our attorneys can discuss which option is best for your situation and can draft all documents necessary to consummate such transactions.

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