Contract for Deed (Land Contract) - Kansas

CONTRACT FOR DEED

(State of Kansas)

Before you use this: This draft assumes Kansas property with a one- to four-family structure that the Buyer will occupy as a principal residence, and a purchase price paid in at least five installments after any down payment. Confirm these facts and complete any required federal consumer-credit and lead disclosures before signing.

1. PARTIES

This Contract for Deed (this "Contract") is made as of [__/__/____] by and between:

Seller: [SELLER LEGAL NAME], of [SELLER ADDRESS] ("Seller"); and

Buyer: [BUYER LEGAL NAME], of [BUYER ADDRESS] ("Buyer").

Seller and Buyer are each a "Party" and together the "Parties."

2. LEGAL DESCRIPTION AND PROPERTY

Seller agrees to sell, and Buyer agrees to buy, on the terms in this Contract, the following real estate located in [COUNTY] County, Kansas (the "Property"):

Street address: [________________________________]

Legal description:

[INSERT COMPLETE METES-AND-BOUNDS OR LOT-BLOCK-PLAT LEGAL DESCRIPTION — attach as Exhibit A if lengthy]

Parcel / Tax ID No.: [____________]

together with all improvements, fixtures, easements, and appurtenances, and the following personal property included in the sale (if any): [________________________________].

The Parties confirm that the Property has or will have a structure designed principally for one to four families, Buyer will occupy it as Buyer's principal residence, and Buyer will pay the purchase price in five or more installments after any down payment. The Kansas contract for deed act applies to this transaction as described in K.S.A. § 58-5201(b)(2)-(3).

3. PURCHASE PRICE, DOWN PAYMENT, AND INSTALLMENT TERMS

Interest accrues on the unpaid principal balance from [__/__/____]. Each payment shall be applied first to accrued interest, then to principal, unless otherwise required by law. Time is of the essence.

☐ Prepayment permitted in whole or in part at any time without penalty.
☐ Prepayment subject to the following terms: [________________________________].

4. TITLE; DEED HELD PENDING PAYOFF; ESCROW

4.1 Seller's title and encumbrances. Seller holds fee-simple title and shall maintain it free of mortgages, liens, and other encumbrances during this Contract except those allowed by K.S.A. § 58-5203(a): an encumbrance caused by Buyer; an improvement loan agreed to by Buyer as a condition of that loan; or a pre-existing encumbrance satisfying every condition in Section 4.5. Seller retains title as security until payoff; Buyer is entitled to possession as provided below.

4.2 Deed delivered at payoff. Upon full payment and performance, Seller shall convey marketable title to Buyer by [☐ Warranty Deed ☐ Special Warranty Deed], free of mortgages, liens, and other encumbrances except those caused by Buyer, those Buyer agreed to for an improvement loan, and any pre-existing encumbrance Buyer expressly assumes under Section 4.5. Seller shall release any other pre-existing encumbrance no later than Buyer's final payment.

4.3 Escrow of executed deed (optional). ☐ Seller shall, at signing, execute and deposit a [Warranty Deed] into escrow with [ESCROW AGENT NAME], to be delivered to Buyer upon full payment and returned to Seller upon a completed statutory forfeiture or foreclosure.

4.4 Title evidence. Seller shall furnish, at [☐ Seller's ☐ Buyer's] expense, a commitment for an owner's title insurance policy or abstract showing marketable title in Seller, subject only to the permitted exceptions.

4.5 Pre-existing encumbrance, if any. ☐ None. ☐ The following encumbrance existed before this Contract: [lender, recording reference, balance, and payment terms]. Seller disclosed it to Buyer before signing and disclosed this Contract to [MORTGAGEE / LIENHOLDER] on [DATE; attach evidence]. Seller shall make timely payments, satisfy and obtain its release no later than Buyer's final payment, unless Buyer assumes it under this Contract: [ASSUMPTION TERMS / NONE]. K.S.A. § 58-5203(a)(3).

5. RECORDING

This Contract for Deed (or an affidavit of equitable interest) may be recorded in the office of the Register of Deeds of [COUNTY] County, Kansas, by any interested person under K.S.A. § 58-5202(a). An acknowledged or proved instrument affecting real estate may be recorded under K.S.A. § 58-2221; a properly filed instrument imparts notice to subsequent purchasers and mortgagees under K.S.A. § 58-2222. Recording fees are paid by [________________].

6. POSSESSION

Buyer is entitled to possession of the Property on [__/__/____]. Buyer shall keep the Property in good repair and shall not commit waste.

7. TAXES, INSURANCE, AND MAINTENANCE

7.1 Taxes and assessments. Beginning [__/__/____], Buyer shall pay before delinquency all real estate taxes and special assessments. [☐ Buyer shall escrow 1/12 of estimated annual taxes monthly with Seller/escrow.]

7.2 Insurance. Buyer shall keep the improvements insured against fire and extended-coverage hazards for not less than $[____________], naming Seller as additional insured / loss payee as Seller's interest may appear, and shall deliver evidence of coverage.

7.3 Maintenance and utilities. Buyer shall maintain the Property, comply with all laws, and pay all utilities and charges.

8. DEFAULT AND REMEDIES

8.1 Events of Default

Buyer is in default if Buyer (a) fails to pay any installment or other sum when due; (b) fails to pay taxes or maintain insurance; (c) commits waste; or (d) breaches any other term and fails to cure within the time stated in the statutory notice.

8.2 No Forfeiture Except by Statute (K.S.A. § 58-5204)

Notwithstanding any provision in this Contract providing for forfeiture, Buyer's rights under this Contract shall not be forfeited or canceled except as provided in K.S.A. § 58-5204. Buyer's rights shall not be forfeited until Buyer has been served a notice of default and intent to forfeit and given a right to cure, and has failed to cure within the time allowed. A timely tender of cure reinstates the Contract.

8.3 Notice of Default and Intent to Forfeit

A notice of default and intent to forfeit shall:

• (1) reasonably identify this Contract and describe the Property covered by it;
• (2) specify the terms and conditions with which Buyer has not complied; and
• (3) notify Buyer that the Contract will be forfeited unless Buyer performs the terms and conditions within:
• (A) thirty (30) days from completed service of notice, if Buyer has paid less than 50% of the purchase price; or
• (B) ninety (90) days from completed service of notice, if Buyer has paid 50% or more of the purchase price.

The notice shall be served on Buyer in person, by leaving a copy at Buyer's usual place of residence with a person of suitable age and discretion who resides there, or by certified or priority mail, return receipt requested, addressed to Buyer's usual place of residence (K.S.A. § 58-5204(d)).

8.4 Equitable Foreclosure Preserved

Nothing in this Contract limits the power of the Kansas district court to require proceedings in equitable foreclosure, nor precludes either Party from pursuing any other remedy at law or equity (K.S.A. § 58-5204(a), (e)).

8.5 Buyer's Cure / Grace

Buyer has the statutory cure period stated above. A [____]-day courtesy grace period applies to monthly installments before a late charge of [____]% / $[____] is assessed.

9. DUE-ON-SALE / GARN-ST. GERMAIN NOTICE

If a permitted pre-existing mortgage encumbers the Property, its due-on-sale clause may allow the lender, at its option and subject to the loan documents and 12 U.S.C. § 1701j-3, to accelerate upon this transfer. Seller represents that Section 4.5 identifies the mortgage and records the required disclosure to Buyer and mortgagee; any lender consent is attached as Exhibit [____]. Seller's duties to pay and release the mortgage remain those in Section 4.5. The Parties acknowledge the risk of acceleration.

10. ASSIGNMENT

Buyer shall not assign this Contract or convey Buyer's equitable interest without Seller's prior written consent, not to be unreasonably withheld. Seller may assign Seller's interest subject to Buyer's rights.

11. RISK OF LOSS

Risk of loss passes to Buyer upon possession. If the Property is materially damaged or condemned, insurance or condemnation proceeds shall be applied as the Parties agree or as required by law, with any balance credited to the purchase price.

12. DISCLOSURES

12.1 Seller's title obligation (KCPA). A violation of K.S.A. § 58-5203 is a deceptive act or practice under the Kansas Consumer Protection Act. Seller's promises in Sections 4.1 and 4.5 reflect the Act's title and encumbrance conditions.

12.2 Property condition. Seller has delivered the following written property-condition disclosures to Buyer before signing: [LIST / NONE].

12.3 Lead-based paint. If the Property is covered target housing, Seller shall, before Buyer is obligated, provide the EPA lead-hazard pamphlet, disclose known lead-based paint and hazards, give Buyer available lead-hazard evaluation reports, and permit a ten-day inspection or risk-assessment opportunity unless the Parties agree in writing to a different period or Buyer waives the opportunity in writing. The Parties shall complete and sign the separate Lead Warning Statement and acknowledgments in Exhibit B before signing this Contract. 42 U.S.C. § 4852d(a)(1)-(3); 24 C.F.R. §§ 35.90 and 35.92.

☐ Property is covered target housing; completed Exhibit B is attached as a separate sheet.
☐ Property is outside the target-housing definition or exempt; basis: [________________________________].

12.4 Other disclosures: [________________________________].

12.5 Kansas offender-registry notice (K.S.A. § 58-3078).

Kansas law requires persons who are convicted of certain crimes, including certain sexually violent crimes, to register with the sheriff of the county in which they reside. If you, as the buyer, desire information regarding those registrants, you may find information on the homepage of the Kansas Bureau of Investigation (KBI) at http://www.Kansas.gov/kbi or by contacting the local sheriff's office.

12.6 Kansas radon notice (K.S.A. § 58-3078a).

Every buyer of residential real property is notified that the property may present exposure to dangerous concentrations of indoor radon gas that may place occupants at risk of developing radon-induced lung cancer. Radon, a class-A human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. Kansas law requires sellers to disclose any information known to the seller that shows elevated concentrations of radon gas in residential real property. The Kansas department of health and environment recommends all home-buyers have an indoor radon test performed prior to purchasing or taking occupancy of residential real property. All testing for radon should be conducted by a radon measurement technician. Elevated radon concentrations can be easily reduced by a radon mitigation technician. For additional information go to www.kansasradonprogram.org.

13. GENERAL PROVISIONS

13.1 Governing law. This Contract is governed by the laws of the State of Kansas.

13.2 Entire agreement; amendment. This Contract is the entire agreement and may be amended only in a writing signed by both Parties.

13.3 Severability. If any provision is held invalid, the remainder remains in effect.

13.4 Notices. Notices must be in writing and delivered to the addresses above. Default/forfeiture notices must additionally comply with K.S.A. § 58-5204.

13.5 Successors. This Contract binds and benefits the Parties' heirs, successors, and permitted assigns.

14. SIGNATURES AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first written above.

SELLER:

Signature: _________________________________ Date: [__/__/____]

Printed name: [SELLER LEGAL NAME]

BUYER:

Signature: _________________________________ Date: [__/__/____]

Printed name: [BUYER LEGAL NAME]

ACKNOWLEDGMENT

This instrument was acknowledged before me on [__/__/____] by [NAME(S)].

_________________________________
Notary Public in and for the State of Kansas
My commission expires: [__/__/____]

15. CONSUMER-PROTECTION GUIDANCE

EXHIBIT B — SEPARATE LEAD WARNING STATEMENT AND ACKNOWLEDGMENTS

Complete this exhibit for covered target housing before Buyer is obligated. Print or deliver it as a separate sheet attached to this Contract. Print the Lead Warning Statement below in large type. Complete every applicable selection and signature.

Lead Warning Statement

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller's disclosure

☐ Seller knows of lead-based paint or lead-based paint hazards in the Property. Describe the known condition, location, basis for knowledge, and painted-surface condition: [________________________________].

☐ Seller has no knowledge of lead-based paint or lead-based paint hazards in the Property.

☐ Seller has provided Buyer the following available lead-hazard evaluation records or reports: [LIST AND ATTACH].

☐ Seller has no available lead-hazard evaluation records or reports.

Buyer's acknowledgment and inspection opportunity

Buyer confirms receipt of Seller's disclosure and the records or reports identified above, and receipt of the EPA lead-hazard information pamphlet. Buyer has read and understands the Lead Warning Statement.

☐ Buyer was given a ten-day opportunity before becoming obligated to conduct a lead risk assessment or inspection.

☐ Buyer and Seller agreed in writing to a different inspection period of [____] days before Buyer became obligated.

☐ Buyer waives the inspection opportunity in writing by signing below.

Agent's acknowledgment, if an agent represents Seller

☐ No seller's agent participated. ☐ Seller's agent informed Seller of the duties under 42 U.S.C. § 4852d and is aware of the agent's duty to ensure compliance.

Seller signature: ____________________ Date: [__/__/____]

Buyer signature: ____________________ Date: [__/__/____]

Seller's agent signature (if any): ____________________ Date: [__/__/____]

SOURCES AND REFERENCES

• K.S.A. § 58-5201 (Kansas Contract for Deed Act; definitions): https://www.ksrevisor.gov/statutes/chapters/ch58/058_052_0001.html
• K.S.A. § 58-5202 (Recording; seller remedies): https://www.ksrevisor.gov/statutes/chapters/ch58/058_052_0002.html
• K.S.A. § 58-5204 (Notice of default; cure; foreclosure): https://www.ksrevisor.gov/statutes/chapters/ch58/058_052_0004.html
• K.S.A. § 58-2221 (Recording instruments): https://ksrevisor.gov/statutes/chapters/ch58/058_022_0021.html
• K.S.A. § 58-2222 (Recorded notice): https://www.ksrevisor.gov/statutes/chapters/ch58/058_022_0022.html
• 2024 Kan. Sess. Laws ch. 63 (HB 2562): https://www.sos.ks.gov/publications/sessionlaws/2024/Chapter-63-HB-2562.html
• 42 U.S.C. § 4852d (Federal lead disclosure): https://www.govinfo.gov/link/uscode/42/4852d
• 24 C.F.R. § 35.92 (Lead warning attachment): https://www.ecfr.gov/current/title-24/subtitle-A/part-35/subpart-A/section-35.92