Can I Create a Second Land Contract on a Property That I Already Have Under Land Contract?

It appears that such a question is based on the idea that a person who has a Land Contract on a property wants to “sell” that same property to another party, also under a land contract structure, in essence creating a second land contract.

Of course, such a transaction would require the approval of the title-holding property owner.

And while there could be a number of potential legal and financial pitfalls in creating a second land contract on a property that already has such a land contract in place, it’s possible that such a structure could be done legally.

If the terms of the first land contract do not prevent the creation of a second, and as long as the existence of the first or second land contract does not result in a breach of the original mortgage note (not an issue if the current title holder owns the land outright), then it’s possible a second land contract could be created.

But in no way does Standard Legal ever recommend such a sales strategy.

To easily create Land Contract documents quickly affordably, see Standard Legal’s Land Contract legal forms software page.