Can buyer in contract for deed situation sell property before final payment is made without title holder’s knowledge?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can buyer in contract for deed situation sell property before final payment is made without title holder’s knowledge?

We want to purchase property adjacent to
our current home. Currently, the couple
trying to sell it are under a contract
for deed. They say they have a valid
contract and are the one’s who can
decide who to sell it to, but they don’t
want us contacting the person who they
are in contract with. Something smells
fishy to me. What would you advise?

Asked on August 1, 2019 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They can enter into a contract to sell the property in the future, but such contract would only be valid and enforceable if and when they acquire title: that is, they can contract now to sell title if and when they get it, but cannot presently sell what they do not own. So the contract would be contingent upon them getting title and would not be enforceable (would not get you the property) until and unless they become owners.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption