Go Law

Go Law

Homepage Download Wisconsin Land Contract Form in PDF
Jump Links

The Wisconsin Land Contract form serves as a vital tool for real estate transactions, particularly in non-consumer contexts. This legally binding document outlines the agreement between the vendor and purchaser regarding the sale of real property. It specifies the essential details, including the purchase price, payment schedule, and the responsibilities of both parties. The form also addresses important aspects such as insurance requirements, property maintenance, and the handling of taxes and assessments. Furthermore, it includes provisions for default and remedies available to the vendor in case of non-compliance by the purchaser. The clarity and structure of this form aim to protect the interests of both parties while facilitating a smooth transaction process. By understanding the key components of the Wisconsin Land Contract, individuals can navigate their real estate dealings with greater confidence and security.

Preview - Wisconsin Land Contract Form

State Bar of Wisconsin Form 11-2003

LAND CONTRACT

(TO BE USED FOR NON-CONSUMER ACT TRANSACTIONS)

Document Number

Document Name

CONTRACT, by and between

("Vendor," whether one or more),

and

("Purchaser," whether one or more). Vendor sells and agrees to convey to Purchaser, upon the prompt and full performance of this Contract by Purchaser, the following real estate, together with the rents, profits, fixtures and other appurtenant interests ("Property"), in

County, State of Wisconsin:

Recording Area

Name and Return Address

 

 

 

 

 

 

 

 

 

 

 

 

Parcel Identification Number (PIN)

 

 

 

 

 

 

 

 

 

 

 

This

 

homestead property.

 

 

 

 

 

 

 

 

 

 

 

 

(is) (is not)

 

 

 

 

 

 

 

 

 

 

 

This

 

a purchase money mortgage.

 

 

 

 

 

 

 

 

 

 

 

 

(is) (is not)

Purchaser agrees to purchase the Property and to pay to Vendor at

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

the sum of $

 

 

 

 

in the following manner:

 

 

 

 

 

(a)

$

 

 

at the execution of this Contract; and

 

 

(b)

the balance of $

 

 

 

 

, together with interest from the date hereof on the balance

 

outstanding from time to time at the rate of

 

% per annum until paid in full as follows:

provided the entire outstanding balance shall be paid in full on or before("Maturity

Date"). Payments shall be applied first to interest on the unpaid balance at the rate specified and then to principal.

CHOOSE ONE OF THE FOLLOWING OPTIONS; IF NO OPTION IS CHOSEN, OPTION A SHALL APPLY:

A.

Any amount may be prepaid without premium or fee upon principal at any time.

 

 

B.

Any amount may be prepaid without premium or fee upon principal at any time after

.

C.

There may be no prepayment of principal without written permission of Vendor.

 

 

State Bar Form 11-Page 1

© 2003 STATE BAR OF WISCONSIN

CHOOSE ONE OF THE FOLLOWING OPTIONS; IF NEITHER IS CHOSEN, OPTION A SHALL APPLY:

A. Any prepayment shall be applied to principal in the inverse order of maturity and shall not delay the due dates or change the amount of the remaining payments until the unpaid balance of principal and interest is paid in full.

B. In the event of any prepayment, this Contract shall not be treated as in default with respect to payment so long as the unpaid balance of principal and interest (and in such case accruing interest from month to month shall be treated as unpaid principal) is less than the amount that said indebtedness would have been had the monthly payments been made as specified above; provided that monthly payments shall continue in the event of credit of any proceeds of insurance or condemnation, the condemned premises being thereafter excluded from this Contract.

Purchaser shall pay prior to delinquency all taxes and assessments levied on the Property at the time of the execution of this Contract and thereafter, and deliver to Vendor on demand receipts showing such payment.

Purchaser shall keep the improvements on the Property insured against loss or damage occasioned by fire, extended coverage perils and such other hazards as Vendor may require, without co-insurance, through insurers approved by Vendor, in the amount of the full replacement value of the improvements on the Property. Purchaser shall pay the insurance premiums when due. The policies shall contain the standard clause in favor of Vendor's interest, and evidence of such policies covering the Property shall be provided to Vendor. Purchaser shall promptly give notice of loss to insurance companies and Vendor. Unless Purchaser and Vendor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided Vendor deems the restoration or repair to be economically feasible.

Purchaser is required to pay Vendor amounts sufficient to pay reasonably anticipated taxes, assessments, and insurance premiums as part of Purchaser's regular payments [CHECK BOX AT LEFT IF APPLICABLE].

Purchaser shall not commit waste nor allow waste to be committed on the Property, keep the Property in good tenantable condition and repair, and free from liens superior to the lien of this Contract, and comply with all laws, ordinances and regulations affecting the Property. If a repair required of Purchaser relates to an insured casualty, Purchaser shall not be responsible for performing such repair if Vendor does not make available to Purchaser the insurance proceeds therefor.

Vendor agrees that if the purchase price with interest is fully paid and all conditions fully performed as specified herein, Vendor will execute and deliver to Purchaser a Warranty Deed in fee simple of the Property, free and clear of all liens and encumbrances, except those created by the act or default of Purchaser, and:

CHOOSE ONE OF THE FOLLOWING OPTIONS; IF NO OPTION IS CHOSEN, OPTION A SHALL APPLY:

A. Purchaser states that Purchaser is satisfied with the title as shown by the title evidence submitted to Purchaser for examination, at the time of execution of this Contract.

B. Purchaser states that the following exceptions set forth in the title evidence submitted to Purchaser for examination, at the time of execution of this Contract, are unsatisfactory to Purchaser:

C. No title evidence was provided prior to execution of this Contract.

State Bar Form 11-Page 2

© 2003 STATE BAR OF WISCONSIN

CHOOSE ONE OF THE FOLLOWING OPTIONS; IF NEITHER IS CHOSEN, OPTION A SHALL APPLY:

A. Purchaser agrees to pay the cost of future title evidence.

B. Vendor agrees to pay the cost of future title evidence.

Purchaser shall be entitled to take possession of the Property on

 

.

Time is of the essence as to all provisions hereunder.

Purchaser agrees that in the event of a default in the payment of principal or interest which continues for a period of days following the due date or a default in performance of any other obligation of Purchaser which continues

for a period ofdays following written notice thereof by Vendor (delivered personally or mailed by certified mail), the entire outstanding balance under this contract shall become immediately due and payable at Vendor's option and without notice (which Purchaser hereby waives), and Vendor may singly, alternatively or in combination: (i) terminate this Contract and either recover the Property through strict foreclosure or have the Property sold by foreclosure sale; in either event, with a period of redemption, in the court's discretion, to be conditioned on full payment of the entire outstanding balance, with interest thereon from the date of default and other amounts due hereunder (failing which all amounts previously paid by Purchaser shall be forfeited as liquidated damages for failure to fulfill this Contract and as rental for the Property); (ii) sue for specific performance of this Contract; (iii) sue for the unpaid purchase price or any portion thereof; (iv) declare this Contract at an end and remove this Contract as a cloud on title in a quiet-title action if the equitable interest of Purchaser is insignificant; (v) have Purchaser ejected from possession of the Property and have a receiver appointed to collect any rents, issues or profits; or (vi) pursue any other remedy available in law or equity. An election of any of the foregoing remedies shall only be binding on Vendor if and when pursued in litigation. All costs and expenses including reasonable attorney fees of Vendor incurred to pursue any remedy hereunder to the extent not prohibited by law and expenses of title evidence shall be paid by Purchaser and included in any judgment. The parties agree that Vendor shall have the options set forth in this paragraph available to exercise in Vendor's sole discretion.

Following any default in payment, interest shall accrue at the rate of% per annum on the entire amount in

default (which shall include, without limitation, delinquent interest and, upon acceleration or maturity, the entire principal balance).

Vendor may waive any default without waiving any other subsequent or prior default of Purchaser.

Purchaser may not transfer, sell or convey any legal or equitable interest in the Property, including but not limited to a lease for a term greater than one year, without the prior written consent of Vendor unless the outstanding balance payable under this Contract is paid in full. In the event of any such transfer, sale or conveyance without Vendor's written consent, the entire outstanding balance payable under this Contract shall become immediately due and payable in full at Vendor's option without notice.

Vendor may mortgage the Property, including the continuation of any mortgage in force on the date of this Contract, provided Vendor shall make timely payment of all amounts due under any mortgage, and the total due under such mortgages shall not at any time exceed the then remaining principal balance under this Contract. If Vendor defaults under such mortgages and Purchaser is not in default hereunder, Purchaser may make payments directly to Vendor's mortgagee and such payments will be credited as payments hereunder.

All terms of this Contract shall be binding upon and inure to the benefit of the heirs, legal representatives, successors and assigns of Vendor and Purchaser.

State Bar Form 11-Page 3

© 2003 STATE BAR OF WISCONSIN

Dated

 

.

VENDOR:PURCHASER:

 

 

(SEAL)

 

 

(SEAL)

*

 

(SEAL)

*

 

(SEAL)

 

 

 

 

*

 

 

*

 

 

AUTHENTICATION

Signature(s)

authenticated on

 

.

*

TITLE: MEMBER STATE BAR OF WISCONSIN (If not,

authorized by Wis. Stat. § 706.06)

ACKNOWLEDGMENT

 

 

 

STATE OF WISCONSIN

)

 

 

 

 

 

 

) ss.

 

 

 

COUNTY

)

 

 

Personally came before me on

,

the above-named

 

 

 

 

 

to me known to be the person(s) who executed the foregoing instrument and acknowledged the same.

THIS INSTRUMENT DRAFTED BY:

 

 

 

 

 

 

 

 

*

 

 

 

 

 

Notary Public, State of Wisconsin

 

 

 

 

 

 

My Commission (is permanent) (expires:

 

)

 

(Signatures may be authenticated or acknowledged. Both are not necessary.)

NOTE: THIS IS A STANDARD FORM. ANY MODIFICATIONS TO THIS FORM SHOULD BE CLEARLY IDENTIFIED.

LAND CONTRACT

STATE BAR OF WISCONSIN

FORM NO. 11-2003

* Type name below signatures.

State Bar Form 11-Page 4

© 2003 STATE BAR OF WISCONSIN

Reset

Document Specifics

Fact Name Details
Document Title Wisconsin Land Contract (State Bar of Wisconsin Form 11-2003)
Governing Law Wisconsin Statutes, particularly Wis. Stat. § 706.06
Purpose This form is designed for non-consumer transactions.
Property Description The contract includes the sale of real estate and its associated interests.
Payment Structure Purchaser agrees to pay a specified sum in installments, including interest.
Insurance Requirements Purchaser must insure the property against loss or damage as specified by Vendor.
Default Consequences In case of default, Vendor has multiple remedies, including foreclosure or specific performance.

Wisconsin Land Contract: Usage Instruction

Completing the Wisconsin Land Contract form requires careful attention to detail. Follow these steps to ensure that all necessary information is accurately provided. Each section of the form must be filled out completely to avoid any delays or issues in the transaction.

  1. Begin by entering the Document Number at the top of the form.
  2. Next, fill in the Document Name as "CONTRACT" and identify the Vendor and Purchaser by name.
  3. Provide a description of the Property being sold, including the County and State of Wisconsin.
  4. Enter the Recording Area Name and Return Address.
  5. Include the Parcel Identification Number (PIN) for the property.
  6. Indicate whether the property is a homestead property by checking "is" or "is not."
  7. State if this is a purchase money mortgage by checking the appropriate option.
  8. Specify the total purchase price in the designated field.
  9. Outline the payment structure, including the initial payment and any balance due.
  10. Choose one of the options regarding prepayment of principal and fill in any necessary details.
  11. Indicate how prepayments will be applied by selecting one of the options provided.
  12. State the responsibility for paying taxes and assessments on the property.
  13. Detail the insurance requirements for the property, including the coverage amount and who pays the premiums.
  14. Confirm that Purchaser will maintain the property in good condition and comply with relevant laws.
  15. Choose one of the options regarding satisfaction with the title evidence.
  16. Indicate who will pay for future title evidence costs.
  17. Specify the date Purchaser is entitled to take possession of the property.
  18. Outline the conditions under which the Vendor can declare a default.
  19. Include any additional conditions or agreements that may be relevant.
  20. Finally, sign and date the form, ensuring all parties have their signatures authenticated or acknowledged as required.

Learn More on Wisconsin Land Contract

  1. What is a Wisconsin Land Contract?

    A Wisconsin Land Contract is a legal agreement between a seller (vendor) and a buyer (purchaser) for the sale of real estate. It outlines the terms under which the purchaser agrees to pay for the property over time, rather than through a traditional mortgage. This type of contract is often used in non-consumer transactions, meaning it is not intended for personal use by the purchaser.

  2. What are the key components of a Land Contract?

    The Land Contract includes several essential elements, such as:

    • The names of the vendor and purchaser.
    • A description of the property being sold.
    • The purchase price and payment terms, including interest rates and payment schedules.
    • Conditions regarding taxes, insurance, and maintenance of the property.
    • Provisions for default and remedies available to the vendor.
  3. How is the purchase price structured in a Land Contract?

    The purchase price in a Land Contract is typically divided into an initial payment made at the time of signing and subsequent payments that include interest. The contract will specify the total purchase price, the amount due at execution, and the remaining balance to be paid over time, along with the interest rate applicable to the outstanding balance.

  4. What happens if the purchaser defaults on the contract?

    If the purchaser defaults—meaning they fail to make payments or fulfill other obligations—the vendor has several options. These can include terminating the contract, foreclosing on the property, or pursuing legal action to recover the unpaid amounts. The vendor may also retain any payments made as liquidated damages.

  5. Can the purchaser make early payments on the contract?

  6. What responsibilities does the purchaser have regarding the property?

    The purchaser is responsible for maintaining the property, paying taxes and assessments, and ensuring that the property is insured. They must also keep the property in good condition and comply with all local laws and regulations. Failure to meet these responsibilities can lead to default under the contract.

  7. What kind of insurance is required under a Land Contract?

    The purchaser is typically required to keep the property insured against fire and other hazards. The insurance must cover the full replacement value of the property and list the vendor as an additional insured. The purchaser must provide proof of insurance to the vendor upon request.

  8. What is the role of title evidence in a Land Contract?

    Title evidence is crucial as it verifies the vendor's ownership of the property and ensures that there are no outstanding liens or claims against it. The contract will specify whether the purchaser is satisfied with the title evidence provided or if there are any exceptions that need to be addressed.

  9. Can the purchaser transfer their interest in the property?

    No, the purchaser cannot transfer, sell, or lease their interest in the property without the vendor's written consent. If they do so without permission, the entire outstanding balance of the contract may become due immediately at the vendor's discretion.

  10. What happens at the end of the contract?

    Once the purchaser has fulfilled all payment obligations and other conditions of the contract, the vendor is required to execute a Warranty Deed. This deed transfers ownership of the property to the purchaser, free of any liens or encumbrances created by the vendor, except those arising from the purchaser's actions.

Common mistakes

When completing the Wisconsin Land Contract form, individuals often overlook critical details that can lead to complications later. One common mistake is failing to accurately fill in the Parcel Identification Number (PIN). This number is essential for identifying the property in question. Omitting or incorrectly entering this information can cause issues with property records and ownership verification.

Another frequent error involves neglecting to specify whether the property is a homestead. This designation affects the legal protections available to the property owner and should be clearly indicated. If this section is left blank or incorrectly marked, it may lead to misunderstandings about the rights associated with the property.

People also often miscalculate the total purchase price or the payment structure. It is crucial to ensure that the sum stated reflects the agreed-upon amount, including any interest rates and payment terms. Incorrect figures can create disputes over financial obligations, leading to potential defaults.

Choosing the appropriate prepayment option is another area where mistakes frequently occur. Individuals may fail to select an option, which defaults to Option A, potentially limiting their ability to make early payments without penalties. It is vital to understand the implications of each option before making a selection.

Another common oversight is not providing adequate evidence of insurance coverage. The contract requires the purchaser to maintain insurance on the property, and failing to do so can leave both parties vulnerable. It is important to ensure that the insurance policies meet the requirements set forth in the contract.

Many individuals overlook the section regarding taxes and assessments. The contract stipulates that the purchaser is responsible for paying these fees. Failing to keep up with these payments can lead to liens against the property, complicating ownership and financial responsibilities.

Additionally, purchasers sometimes neglect to address the condition of the property. The contract requires that the property be kept in good condition, free from waste. Not adhering to this requirement can lead to disputes and potential penalties.

Another mistake is failing to acknowledge the importance of the title evidence. The contract includes options for how title issues will be addressed, and not selecting an option can lead to complications regarding ownership rights. It is essential to review title evidence thoroughly before signing.

Lastly, individuals may not fully understand the ramifications of defaulting on the contract. The terms outline various remedies available to the vendor in case of default, and purchasers should be aware of these potential outcomes. Ignoring this aspect can lead to severe consequences, including loss of property.

Being diligent and thorough when filling out the Wisconsin Land Contract form is essential. Each section requires careful consideration to avoid mistakes that could have lasting impacts on property ownership and financial obligations.

Documents used along the form

The Wisconsin Land Contract is a crucial document for real estate transactions in the state, particularly for non-consumer transactions. Alongside this contract, several other forms and documents are commonly utilized to ensure that both parties are protected and that the transaction proceeds smoothly. Below is a list of these related documents, each serving a specific purpose in the real estate process.

  • Warranty Deed: This document transfers ownership of the property from the vendor to the purchaser once all conditions of the land contract are met. It guarantees that the title is clear of any encumbrances, except those created by the purchaser.
  • Title Evidence: Often required by the vendor, this document provides proof of the property’s title status. It helps identify any liens or claims against the property and assures the purchaser of a clear title before the transaction is finalized.
  • Property Insurance Policy: This document ensures that the property is protected against loss or damage. The purchaser is typically required to maintain insurance and provide evidence of coverage to the vendor, safeguarding both parties’ interests.
  • Notice of Default: If the purchaser fails to meet their obligations under the land contract, this document serves as a formal notice of default. It outlines the specific issues and provides the purchaser with an opportunity to remedy the situation before further action is taken.
  • Affidavit of Identity: This document may be used to verify the identity of the parties involved in the transaction. It can help prevent fraud and ensure that all parties are who they claim to be.
  • Escrow Agreement: In some transactions, an escrow agreement is established to hold funds or documents until certain conditions are met. This arrangement provides security for both the vendor and purchaser during the transaction process.

These documents, when used in conjunction with the Wisconsin Land Contract, create a comprehensive framework for real estate transactions, promoting transparency and legal protection for both parties involved. Understanding these forms is essential for anyone engaging in real estate dealings in Wisconsin.

Similar forms

The Wisconsin Land Contract form shares similarities with the Purchase Agreement. Both documents outline the terms under which a buyer agrees to purchase property from a seller. They specify the purchase price, payment terms, and responsibilities of each party. A Purchase Agreement typically serves as a preliminary contract that leads to the final sale, while a Land Contract allows the buyer to take possession of the property before the full payment is made, making it a unique financing option for buyers who may not qualify for traditional mortgages.

Another related document is the Lease Purchase Agreement. This arrangement combines elements of leasing and purchasing. Like the Land Contract, it allows the tenant to live in the property while paying towards its eventual purchase. The key difference is that a Lease Purchase Agreement generally includes an option to buy at the end of the lease term, while a Land Contract is a more definitive commitment to purchase the property outright over time.

The Option to Purchase Agreement is also similar. This document grants a potential buyer the exclusive right to purchase a property within a specified timeframe. While a Land Contract is a binding agreement to buy, an Option to Purchase is more flexible, allowing the buyer to decide later whether to proceed with the purchase. This can be beneficial for buyers who need time to secure financing or evaluate the property.

A mortgage agreement is another document that shares similarities with the Wisconsin Land Contract. Both documents involve financing the purchase of real estate, but they differ in structure. A mortgage agreement typically requires the buyer to secure a loan from a lender, while a Land Contract allows the seller to act as the lender. This can provide more accessible financing options for buyers who may struggle to obtain traditional loans.

The Deed of Trust is another related document, often used in conjunction with a mortgage. In a Deed of Trust, a third party holds the title to the property until the loan is paid off. This arrangement provides security for the lender. Similar to a Land Contract, it allows the buyer to occupy the property while making payments, but the key difference lies in the involvement of a third party and the legal implications regarding title transfer.

The Real Estate Sales Contract is also comparable to the Land Contract. This document formalizes the agreement between a buyer and seller for the sale of real estate. While it typically requires the buyer to pay the full purchase price at closing, a Land Contract allows for installment payments. This distinction can make the Land Contract a more appealing option for buyers who may not have the full amount upfront.

Lastly, the Quitclaim Deed is another document that bears some resemblance to the Land Contract. A Quitclaim Deed is used to transfer interest in a property without guaranteeing that the title is clear. While it does not involve payment terms or financing, it can be used in conjunction with a Land Contract to transfer ownership once the buyer fulfills their payment obligations. This allows for a smoother transition of property ownership after the contract terms are met.

Dos and Don'ts

When filling out the Wisconsin Land Contract form, keep the following guidelines in mind:

  • Do ensure all parties involved are clearly identified, including full names and roles (Vendor and Purchaser).
  • Do specify the property details accurately, including the Parcel Identification Number (PIN) and address.
  • Do select the appropriate payment options for prepayment and application of payments clearly.
  • Do keep a copy of the completed contract for your records and for future reference.
  • Do consult with a legal professional if you have any questions about the terms or obligations outlined in the contract.
  • Don't leave any sections blank; incomplete information can lead to misunderstandings.
  • Don't make any modifications to the standard form without clearly identifying those changes.
  • Don't forget to check the box if applicable for anticipated taxes, assessments, and insurance premiums.
  • Don't ignore the importance of understanding your rights and obligations as outlined in the contract.
  • Don't rush through the process; take your time to review all details before signing.

Misconceptions

  • Land contracts are the same as traditional mortgages. Land contracts are distinct from traditional mortgages. In a land contract, the seller retains the title until the buyer pays the full purchase price, whereas a mortgage involves the buyer obtaining the title immediately while the lender holds a lien on the property.
  • All land contracts must be recorded. While recording a land contract can provide legal protection, it is not mandatory. However, failing to record may affect the buyer's rights against third parties.
  • Buyers can easily transfer their interest in a land contract. Typically, buyers cannot transfer their interest without the seller's written consent. This restriction is often included to protect the seller's investment.
  • Land contracts do not require insurance. Buyers are usually required to maintain insurance on the property. This protects both the buyer and seller from potential loss due to damage or destruction.
  • Defaulting on a land contract is less severe than defaulting on a mortgage. Defaulting on a land contract can lead to serious consequences, including loss of the property and any payments made. The seller has various remedies available, similar to a mortgage lender.
  • Land contracts are only for buyers with poor credit. While land contracts can be appealing to buyers with credit challenges, they are not exclusively for this group. Many buyers choose land contracts for flexibility or other personal reasons.

Key takeaways

  • Understand the Purpose: The Wisconsin Land Contract form is primarily used for non-consumer transactions. This means it is often employed in business dealings rather than personal home purchases.

  • Identify the Parties: Clearly identify the Vendor (seller) and Purchaser (buyer) in the contract. Ensure that the names are accurate and reflect all parties involved.

  • Payment Structure: The contract details the payment terms, including the total purchase price, initial payment, interest rate, and maturity date. It is essential to understand how payments will be applied.

  • Prepayment Options: Choose the appropriate prepayment option. This could allow for payments to be made early without penalties or specify conditions under which prepayment is allowed.

  • Insurance Requirements: The Purchaser is responsible for maintaining insurance on the property. This includes fire and other hazards, ensuring that the Vendor’s interests are protected.

  • Default Consequences: Be aware of the consequences of defaulting on the contract. The Vendor has several options available, including foreclosure or seeking specific performance.

  • Title and Ownership: The contract outlines the process for transferring ownership. Upon full payment, the Vendor must provide a Warranty Deed, ensuring clear title to the Purchaser.