Pottawattamie County Real Estate Contract-Installments Form (Iowa)

The following Iowa and Pottawattamie County supplemental forms are included as a courtesy with your order:

When using these Real Estate Contract-Installments forms, the subject real estate must be physically located in Pottawattamie County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Pottawattamie County include:

• Avoca
• Carson
• Carter Lake
• Council Bluffs
• Crescent
• Hancock
• Honey Creek
• Macedonia
• Mc Clelland
• Minden
• Neola
• Oakland
• Shelby
• Treynor
• Underwood
• Walnut

In Iowa, a "Real Estate Contract–Installments" (commonly referred to as a contract for deed or installment land contract) is an agreement in which the seller finances the purchase of real estate for the buyer. The buyer makes payments over time, but the seller retains legal title to the property until the contract is fully paid.
When Applicable:
A real estate contract for installments is commonly used in the following situations:
1. Buyer Cannot Obtain Traditional Financing:
Buyers who are unable to secure a traditional mortgage due to poor credit, lack of credit history, or other financial barriers may use a real estate contract.
The seller essentially acts as the lender, providing an alternative to bank financing.
2. Seller-Owned Properties:
The property is owned outright by the seller, and the seller agrees to sell the property under a financing arrangement.
3. Vacant Land or Unique Properties:
Installment contracts are often used for rural or vacant land, or for properties that might not qualify for traditional financing.
4. Investor Arrangements:
Real estate investors sometimes use installment contracts to purchase properties while deferring full payment.
5. Tax Advantages for Sellers:
A seller may prefer an installment sale for tax purposes because the capital gains tax is spread out over the term of the payments.
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Key Features of an Iowa Real Estate Contract–Installments:
1. Retention of Legal Title:
The seller retains legal title to the property until the buyer fulfills the terms of the contract (usually full payment of the purchase price).
2. Possession Rights:
The buyer typically takes possession of the property and assumes responsibility for taxes, insurance, and maintenance.
3. Payment Structure:
Payments are made in regular installments over a specified period, often including principal and interest.
4. Default and Termination:
If the buyer defaults, Iowa law provides specific protections and procedures for termination, including potential forfeiture of payments and the return of property to the seller.
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Legal Requirements in Iowa:
Iowa Code § 558.46 outlines specific requirements for installment real estate contracts, including:
1. Written Agreement:
The contract must be in writing and signed by both parties.
2. Recording Requirements:
The seller must record the contract with the county recorder where the property is located within 180 days of execution. Failure to do so can lead to penalties and make the contract unenforceable.
3. Disclosure Statement:
Iowa Code § 558.70 requires sellers to provide a disclosure statement detailing the terms of the contract (e.g., purchase price, interest rate, payment schedule, and property description).
4. Forfeiture or Foreclosure:
If a buyer defaults, the seller may pursue forfeiture under Iowa Code Chapter 656 or foreclosure through court proceedings. Forfeiture is faster but generally results in the buyer losing all payments made.
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Advantages and Disadvantages:
Advantages for Buyers:
Easier access to property ownership without traditional financing.
Flexible terms negotiated directly with the seller.
Immediate possession and use of the property.
Disadvantages for Buyers:
Higher risk of forfeiture if unable to meet payment terms.
No legal title until the contract is fulfilled.
Potentially higher costs than traditional financing.
Advantages for Sellers:
Ability to sell property without requiring the buyer to obtain financing.
Opportunity to earn interest on the sale price.
Retention of legal title as security for the agreement.
Disadvantages for Sellers:
Risk of buyer default.
Responsibility for legal action in case of default or disputes.
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Situations Requiring Legal Advice:
1. Complex Terms: Buyers or sellers negotiating complex installment contracts should seek legal advice to ensure fair terms and compliance with Iowa law.
2. Default: Understanding rights and remedies in the event of a default is crucial for both parties.
3. Disclosures and Recording: Ensuring compliance with Iowa Code §§ 558.46 and 558.70 is essential to avoid penalties and legal issues.
For a valid and enforceable agreement, both parties should consult a real estate attorney to draft or review the contract.

In Iowa, real estate installment contracts—commonly known as contracts for deed—are governed by specific statutes designed to protect both buyers and sellers. Key provisions include:
Mandatory Recording of Contracts:
• Iowa Code § 558.46: Sellers must record residential real estate installment sales contracts with the county recorder where the property is located within 90 days of execution. Failure to record prohibits the seller from initiating forfeiture proceedings based on contract non-compliance.
• Iowa Code § 558.46 (4). If a real estate contract is required to be recorded under this section, the requirement is satisfied by recording either the entire real estate contract or a memorandum of the contract containing at least the names and addresses of all parties named in the contract, a description of all real property and interests in the real property subject to the contract, the length of the contract, and a statement as to whether the seller is entitled to the remedy of forfeiture and as to the dates upon which payments are due.
Contract Disclosure Requirements:
• Iowa Code § 558.70: Before executing a residential real estate installment sales contract, sellers must provide buyers with a written disclosure statement. This statement should include details such as the property's assessed value, any due property taxes or special assessments, existing mortgages or liens, a complete amortization schedule, interest rates, and any balloon payments. The disclosure ensures transparency and informs buyers of their rights and obligations.
Forfeiture Procedures:
• Iowa Code Chapter 656: This chapter outlines the procedures for forfeiture of real estate contracts in cases of buyer default. It specifies the notice requirements and timelines that sellers must follow to terminate the contract legally.
Real Estate Disclosures:
• Iowa Code Chapter 558A: This chapter mandates that sellers provide a disclosure statement to buyers, detailing the condition and characteristics of the property. The disclosure must be provided at least seven days before the execution of a real estate installment sales contract.
These statutes aim to ensure transparency, protect the interests of both parties, and maintain fair practices in real estate transactions involving installment contracts in Iowa.

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