Montgomery County Land Installment Contract Form (Maryland)

The following Maryland and Montgomery County supplemental forms are included as a courtesy with your order:

When using these Land Installment Contract forms, the subject real estate must be physically located in Montgomery County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Montgomery County include:

• Ashton
• Barnesville
• Beallsville
• Bethesda
• Boyds
• Brinklow
• Brookeville
• Burtonsville
• Cabin John
• Chevy Chase
• Clarksburg
• Damascus
• Derwood
• Dickerson
• Gaithersburg
• Garrett Park
• Germantown
• Glen Echo
• Kensington
• Montgomery Village
• Olney
• Poolesville
• Potomac
• Rockville
• Sandy Spring
• Silver Spring
• Spencerville
• Suburb Maryland Fac
• Takoma Park
• Washington Grove

Land Installment Contract, sometimes referred to a Land Contract, allows for installments with or without a balloon payment.

1. Contract Requirements
The contract must be:
In writing and signed by both the seller and the buyer.
It must contain the following key details:
Names and addresses of the vendor and purchaser.
Legal description of the property being sold.
The purchase price and terms of payment, including the number of installments and the payment schedule.
A statement of the interest rate (if applicable) and any late payment penalties.
The date the purchaser signed the contract.
The rights of both parties in case of default or breach of the contract.
A notice of the vendor’s right to terminate the contract upon the buyer’s default.

2. Recording the Contract
The vendor must record the contract with the clerk of the circuit court in the county where the property is located within 15 days of the contract being executed. If the vendor fails to record the contract: The purchaser has the right to cancel the contract and demand a refund of all payments and deposits.

3. Purchaser’s Rights and Protections
Right to Cancel: The purchaser has the right to cancel the contract in certain situations, such as if the vendor fails to record the contract or provide necessary disclosures.
Statement of Account: The purchaser can request a written statement from the vendor detailing the balance remaining on the contract. The vendor is required to provide this information.
Possession of Property: The purchaser is entitled to possession of the property during the term of the contract, even though the vendor holds legal title.

4. Vendor’s Rights
The vendor has the right to terminate the contract if the purchaser defaults on the payments or breaches other terms of the contract. Upon termination, the vendor may take legal action to regain possession of the property.

5. Final Payment and Transfer of Title
Once the purchaser has made the final payment, the vendor is legally obligated to transfer full legal title to the property by delivering a deed to the purchaser.

6. Statute of Limitations
If there is no specified date for the delivery of the deed after full payment, any legal action related to the contract must be initiated within five years of the date the final payment was required under the terms of the contract.

7. Remedies for Breach
If the vendor violates the provisions of the statute (e.g., failing to record the contract or not providing required disclosures), the purchaser may file a lawsuit in a court of equity. The court can: Grant specific performance, requiring the vendor to fulfill their obligations.
Award damages to the purchaser.
Order the vendor to cover the purchaser’s legal fees.

8. Applicability
This statute applies specifically to residential properties and transactions involving owner-occupied dwellings. Land installment contracts for commercial or non-residential properties may be governed by additional or different rules.

Key Legal Citations:
Maryland Real Property Code, Title 10, Subtitle 1 (Land Installment Contracts).
This statutory framework is designed to protect both parties involved in a land installment sale, ensuring that the buyer gains possession and equitable interest while paying over time and that the seller retains the security of legal title until full payment is made.

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