Is Agreement For Sale same as....? - Posted by Bryan

Posted by Mark on March 22, 2001 at 24:07:10:

Jim,

Stacy is correct. In Arizona, it really doesn’t matter what you call a Land Contract.

In Maricopa County, I’ve seen a Land Contract recorded as an “Agreement for Sale”, “Agreement for Deed”, “Contract for Deed”, “Land Installment Contract”…They all do the same thing in Arizona. I don’t have the links to the actual documents.

However, it’s customary in Arizona for it to be called an Agreement for Sale. That is what most of the title companies call it, and that’s what the country recorder usually calls it.

Mark

Is Agreement For Sale same as…? - Posted by Bryan

Posted by Bryan on March 21, 2001 at 18:34:27:

Need some terminology help here…just curious. In searching public records online here in Maricopa County(Phoenix), I run across what’s called an ‘Agreement For Sale’. They never read like a regular sales contract and seem more along the lines of an “Agreement for Deed” or “Contract for Deed”. Are these all the same terms or am I looking at some hybrid of your everyday purchase contract?

Thanks for any advice in advance,

Bryan

Re: Is Agreement For Sale same as…? - Posted by Jim

Posted by Jim on March 21, 2001 at 22:13:26:

Bryan

In Arizona we call it “Agreement for Deed” …same as Contract for Deed or Wrap around.

Same principal different name, thats it. What they call it in different parts of the country varies, but does does the same thing.

Best of Success

Jim

Re: Same as “CFD” in AZ nt - Posted by Stacy (AZ)

Posted by Stacy (AZ) on March 21, 2001 at 19:12:54:

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Re: Is Agreement For Sale same as…? - Posted by Stacy (AZ)

Posted by Stacy (AZ) on March 21, 2001 at 23:22:59:

Jim, not a big deal, but it’s called “Agreement for Sale” in AZ (regardless of what’s printed on the contract itself).

Here’s an example from the county database, if you’re interested.

http://recorder.maricopa.gov/recdocdata/UnOfficialDocs.asp?RecordingNumber=20010001487&PageNo=1&ClassType=RecorderDocuments&RecSufx=

Stacy

Not so… - Posted by Jim

Posted by Jim on March 21, 2001 at 23:40:01:

Stacy.

No, it really isn’t a big deal but here is one for you to look at taken directly from the county database if you’re interested.

http://recorder.maricopa.gov/recdocdata/UnOfficialDocs.asp?RecordingNumber=19990729450&PageNo=1&ClassType=RecorderDocuments&RecSufx=

What is this then?

You know I try to express what I know to individuals here on this site and it seems to be never ending (The opposition to my suggestions).

I’ve been visiting the court house for quite some time and know a few people doing this here in our state. This is what I’ve learned and this is what I post.

I think your agreement for sale is when you are buying direct from the seller either by means of all cash or with a new loan.

So there are two different types of documents. Depends on the situation as to which is actually used.

Hope this helps

Jim

Re: OK, Jim - Posted by Stacy (AZ)

Posted by Stacy (AZ) on March 22, 2001 at 24:27:01:

Yes, I know it’s confusing in AZ. I was speaking of the term most title companies, investors, real estate agents, etc, call an installment land contract sale in AZ. Many of them will probably know what a “Contract for Deed” is if you use the term, but the most common term here is “Agreement for Sale”.

The contract you pointed to is definately a contract for deed type document, but if you’ll notice, it’s categorized under the general name “AGREEMENT” in the county data base. If you’ll look up several other “AGREEMENTS” in the county data base, you’ll see that there are all kinds of various agreements, most of which are not installment land contract sales documents at all. I think what might have thrown you is that our competitor, “Equity Homebuyers” uses this contract. It doesn’t legally matter what the title is, just the content.

However, if you look up documents in the “SALE AGR” category, almost all of these will be installment land contract docs. A few may even have “Agreement for Deed” printed on them, like your document, but the vast majority will show “Agreement for Sale”.

So, in AZ whether you print on top “Contract for Deed”, “Agreement for Sale”, or whatever makes sense, it’s the content that makes the difference, not the title. Here’s the statute that defines a sale of this type. You’ll notice it doesn’t even mention “Agreement for Deed”.

“Contract” means a contract for conveyance of real property, a contract for deed, a contract to convey, an agreement for sale or any similar contract through which a seller has conveyed to a purchaser equitable title in property and under which the seller is obligated to convey to the purchaser the remainder of the seller’s title in the property, whether legal or equitable, on payment in full of all monies due under the contract. This article does not apply to purchase contracts and receipts, escrow instructions or similar executory contracts which are intended to control the rights and obligations of the parties to executory contracts pending the closing of a sale or purchase transaction.

And, no, an Agreement for Sale is not a different kind of document for all cash sales.

Jim, sorry if you feel if this is just opposition to your opinion. That is not my intent. Just trying to get the facts out to those who may be reading from AZ. But, by all means, you can call it anything you want. It’s not important.

Stacy