When is this document used?

When a property is sold, and a Contract has been executed by both parties this Memorandum document is often recorded in the county where the subject property is located instead of the actual Contract. Stating - Seller has agreed to sell, and Buyer has agreed to buy, the Property upon the terms and conditions set forth in the Contract.

Why a Memorandum of Contract?

Privacy - When parties want to keep financial details of a Contract for Deed, Land Contract or Buy-Sell Agreement private, a Memorandum is recorded.

Notice - puts the world on notice that a Contract between buyer and seller exists on a specific property.

Legal - legal binding agreement between buyer and seller concerning the property in question.

Protection - Often filed by buyers alone, after a contract has been executed, preventing loans or encumbrances being placed on the property by existing Deed holder. Encumbrances have been placed on properties even though the Contract states they can't. This can be devastating for a buyer who has made payments. A Memorandum is an effective instrument to prevent this. In short, either the Contract or Memorandum should be recorded for your protection.

Seller Financing - When the buyer chooses or is obligated to obtain bank financing a Memorandum legitimizes the purchase agreement, providing proof to the bank that a deal was in place. Most banks will require that the Contract or Memorandum be recorded before they will finance the property in question.

(Texas Memorandum of Contract Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Memorandum of Contract

Remove a recorded land contract lien after final payment
Purchase property through an installment payment agreement
Sell property with seller financing instead of a traditional mortgage
Structure a property sale with a down payment and monthly terms
Document a rent-to-own or lease-purchase arrangement
Document the abandonment of a buyer's interest in a land contract
Sell property to a buyer who does not qualify for traditional financing

Compare other Texas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Transfer on Death Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our memorandum of contract forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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