Maine Revised Statutes Title 33 Sec. 482 – Minimum contents of land installment contracts; recordation
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1. Contents. A land installment contract shall be executed in duplicate and a copy of the contract shall be provided to the vendor and the purchaser. The contract shall contain at least the following provisions:
A. The full names and post-office addresses of all the parties to the contract; [PL 1983, c. 368 (NEW).]
B. The date the contract is signed by each party; [PL 1983, c. 368 (NEW).]
C. A legal description of the property conveyed; [PL 1983, c. 368 (NEW).]
D. The sales price of the property conveyed; [PL 1983, c. 368 (NEW).]
E. Any charges or fees for services included in the contract separate from the sales price; [PL 1983, c. 368 (NEW).]
F. The amount of the purchaser’s down payment; [PL 1983, c. 368 (NEW).]
G. The principal balance owed by the purchaser, which is the sum of the amounts described in paragraphs D and E, less the amount described in paragraph F; [PL 1983, c. 368 (NEW).]
H. The amount and due date of each installment payment and the total number of installment payments; [PL 1983, c. 368 (NEW).]
I. The interest rate on the unpaid balance and the method of determining the interest rate; [PL 1983, c. 368 (NEW).]
J. A conspicuous statement of any encumbrances against the property, including a statement of any pending order of any public agency or other matters of public record affecting the property; [PL 1983, c. 368 (NEW).]
K. A statement which explains that the contract is not a mortgage and that the purchaser does not obtain title to the property until the purchase price is paid in full; [PL 1983, c. 368 (NEW).]
L. A statement of the rights of the buyer established by Title 14, section 6111 to cure a default by the buyer; [PL 1993, c. 373, §3 (AMD).]
M. A provision that the vendor provide evidence of title by copy of deed, or otherwise, at the time of the execution of the agreement and, if the vendor is not prepared to deliver a full warranty deed on completion of the contract, a description of the deed which the vendor will deliver on completion; [PL 1983, c. 368 (NEW).]
N. A provision that, if the vendor defaults on any mortgage on the property, the purchaser may pay on the mortgage and receive credit on the land installment contract; [PL 1983, c. 368 (NEW).]
O. A requirement that the purchaser shall be responsible for the payment of taxes, assessments and other charges against the property from the date of the contract, unless agreed to the contrary; [PL 1983, c. 368 (NEW).]
P. A provision that the purchaser has the right to accelerate or prepay any installment payments without penalty, unless agreed to the contrary; and [PL 1983, c. 368 (NEW).]
Q. A clear and conspicuous provision above the place for the signature of the purchaser which acknowledges receipt by the purchaser of a copy of the land installment contract signed by the vendor. [PL 1983, c. 368 (NEW).]
[PL 1993, c. 373, §3 (AMD).]
Terms Used In Maine Revised Statutes Title 33 Sec. 482
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Down payment: means the payment made by the purchaser to the vendor on account of the purchase price at or before the time of the execution of a land installment contract. See Maine Revised Statutes Title 33 Sec. 481
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Land installment contract: means an agreement under which the vendor agrees to sell an interest in property to the purchaser and the purchaser agrees to pay the purchase price in 5 or more subsequent payments exclusive of the down payment, if any, and the vendor retains title to the property as security for the purchaser's obligation under the agreement. See Maine Revised Statutes Title 33 Sec. 481
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: means improved real property located in this State, sold to be occupied as a dwelling. See Maine Revised Statutes Title 33 Sec. 481
- Purchaser: means an individual who purchases property subject to a land installment contract, or any legal successor in interest to him, regardless of whether the individual has entered into an agreement as to extension, default or refund. See Maine Revised Statutes Title 33 Sec. 481
- Vendor: means a person who makes a sale of property by means of a land installment contract or his successor in interest. See Maine Revised Statutes Title 33 Sec. 481
2. Recordation. Within 20 days after the contract has been signed by both the vendor and the purchaser, the vendor shall cause a copy of the contract or a memorandum of the contract to be recorded at the purchaser’s expense in the registry of deeds in the county where the property sold under the contract is located. If a memorandum of the contract is recorded, it shall be entitled “Memorandum of a Land Installment Contract” and shall contain, as a minimum, the names of the parties, the signatures of the parties, a description of the property and applicable time periods. A person other than a vendor and purchaser may rely on the recorded materials in determining whether the requirements of this subsection have been met.
[PL 1983, c. 368 (NEW).]
3. Other disclosures. Disclosures made by the vendor pursuant to Title 9?A, Article 8?A, Truth-in-Lending, are deemed to comply with subsection 1, paragraphs D to I.
[PL 2011, c. 427, Pt. D, §22 (AMD).]
SECTION HISTORY
PL 1983, c. 368 (NEW). PL 1993, c. 373, §3 (AMD). PL 2011, c. 427, Pt. D, §22 (AMD).