Benton County Land Sales Contract Form

Additional Oregon and Benton County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Benton County

Properties in any of these areas use Benton County forms:

• Alsea
• Blodgett
• Corvallis
• Monroe
• Philomath

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Use of a Land Sale Contract in Oregon
1. Structure of the Contract
• Buyer (Purchaser): Takes equitable title immediately, gets possession, and agrees to pay the purchase price in installments.
• Seller: Retains legal title until the contract is fully paid.
This is different from a mortgage or trust deed, where title passes to the buyer at closing and the lender only has a lien.

2. The Forfeiture Remedy
Under Oregon law, if the buyer defaults, the seller may elect forfeiture instead of judicial foreclosure. Forfeiture means:
• The contract is canceled;
• The buyer’s interest is terminated;
• The underlying debt is extinguished (the seller can’t sue for deficiency);
• The seller keeps all prior payments (as liquidated damages);
• The buyer loses possession and improvements revert to the seller.
This is a nonjudicial process, It’s defined in ORS 93.905 and governed by ORS 93.905–93.945. Seller may also choose judicial foreclosure, similar to foreclosing a mortgage.

3. Statutory Safeguards for Buyers
• ORS 93.910: Seller cannot enforce forfeiture unless a statutory notice of default is served.
• ORS 93.915: Buyer gets a right to cure (usually 60–120 days depending on how much of the price is already paid). Cure requires paying arrears, costs, and small capped attorney’s fees.
• ORS 93.930: If not cured, seller records an affidavit of forfeiture, which legally ends the buyer’s rights.
• ORS 93.935 & 93.940: Subordinate lienholders must also get notice and have the right to cure to protect their interests.

4. Why Use a Land Sale Contract in Oregon?
• For sellers:
o Keeps legal title until fully paid.
o Faster and less expensive than judicial foreclosure (if default occurs).
o Retains all buyer’s payments if forfeiture happens.

• For buyers:
o Can purchase property without a bank loan.
o Gain equitable ownership and possession upfront.
o Sometimes lower upfront cost compared to conventional financing.

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the county recording office listed above.

This Land Sales Contract meets all recording requirements specific to Benton County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Benton County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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