Land contracts · 7 min read

How to Sell a Land Contract in Ohio

Holding an Ohio land contract and want cash? Here are the Ohio rules that affect your price, the papers you need, and how a sale works step by step.

If you sold a house in Ohio on a land contract, you can sell that contract for cash. You don't have to wait 10 or 20 years to get your money. This guide covers how it works, the Ohio rules that affect your price, and what to have ready.

I buy land contracts in Ohio, so I'll tell you what I look at. The same things matter to any buyer.

Short version: Ohio has its own land contract law. A contract that was recorded, follows that law, and has a buyer who pays on time will get the best price.

Land contracts are common in Ohio

You're not alone. Ohio recorded more than 60,000 land contracts from 2005 to 2022. That's the second most of any state, according to Pew. Most were for homes, and most were between two regular people, not companies.

So note buyers know Ohio land contracts well. That's good for you. It means there's a real market for yours.

What you're actually selling

With a land contract, you still hold the legal title to the property. The buyer gets the deed once they pay in full. Until then, you have two things of value:

  • The right to collect the rest of the payments
  • The legal title that backs up those payments

When you sell, you pass both to the note buyer. You'll usually sign an assignment of the land contract and a deed that passes your title, subject to the contract. The title company handles the wording. The person paying you keeps the same deal. Only the address where they send payments changes.

The Ohio rules that affect your price

Ohio's land contract law is Chapter 5313 of the Ohio Revised Code. A buyer steps into your shoes, so they inherit these rules. Here's how each one shows up in your price.

1. The contract had to be recorded within 20 days

Ohio law says the seller must record the land contract within 20 days after both sides sign it. The seller also has to give a copy to the county auditor. That's in section 5313.02(C).

If yours was never recorded, don't panic. It can usually be recorded now. But a buyer will want it on record before closing. An unrecorded contract leaves room for other claims on the property, so it lowers your price until it's fixed.

2. The contract needs certain terms

Section 5313.02 also lists what an Ohio land contract has to include. A few examples:

  • Full names and addresses of both sides
  • A legal description of the property
  • The price, down payment, balance, and payment amounts
  • The interest rate and how it's figured
  • Any liens or mortgages on the property
  • Who pays the property taxes

A contract drawn up by an attorney or title company usually has all of this. A homemade one often doesn't. Missing terms don't always kill a sale. They do make a buyer more careful, and that shows up in the offer.

3. You owe the buyer a yearly statement

Under section 5313.03, the seller has to give the buyer a statement at least once a year. It shows how much of their payments went to principal and interest, and what they still owe.

Keep copies of these. Clean, yearly records are some of the best proof you can give a note buyer. They show the payments are real and the balance is right.

4. Ohio limits forfeiture

This one matters most for price. If the buyer stops paying, Ohio gives the seller two paths:

  • Forfeiture. The buyer must be at least 30 days behind (section 5313.05). Then the seller serves a written notice. The buyer gets 10 days to catch up (section 5313.06).
  • Foreclosure. Once the buyer has paid for five years or more, or paid at least 20% of the price, the seller must go through foreclosure and a court sale (section 5313.07).

Foreclosure takes longer and costs more than forfeiture. A note buyer prices that in. But here's the other side of it. A buyer who has paid for years or paid 20% has real equity. People with equity tend to keep paying. So an older contract with a solid payment record is still a strong note.

5. Some cities have their own rules

Pew points out that Toledo and Cincinnati have local land contract rules on top of state law. Toledo requires a building code inspection before signing. Cincinnati requires a certificate of occupancy. If your property is in one of those cities, a buyer will check that these steps were done.

What a buyer will check

Every note buyer looks at the same basics. I sort them into three groups: the payer, the property, and the paperwork.

What I check What helps your price
Payment history 12 months or more of on-time payments
Down payment and equity 10% or more down, and a balance well below the home's value
Who lives there The buyer lives in the home
Taxes and insurance Taxes paid, insurance in place
Recording Contract recorded with the county
The contract itself Has the terms Ohio requires
Your own mortgage No mortgage on the property bigger than the contract balance

That last one surprises people. Ohio law limits the seller from having a mortgage on the property bigger than what the land contract buyer still owes. If you have a mortgage, the title search will find it. It doesn't stop a sale. It just has to be paid off at closing.

How the sale works, step by step

  1. Get a quote. Send the balance, rate, payment, and how long they've been paying. You'll usually get a number within a day. You can start here.
  2. Send copies of your papers. The signed contract, proof it was recorded, your payment records, and any yearly statements.
  3. Due diligence. The buyer orders a title search and a property value check. They call your buyer to confirm the balance. This takes about two to three weeks.
  4. Close. You sign at a title company or with a mobile notary. You get paid.
  5. Your buyer gets a letter. It tells them where to send payments from now on.

Most sales close in about four to five weeks.

What your Ohio land contract is worth

Most notes sell for less than the balance. The buyer is paying you today for money they'll collect over years. A strong contract with a short term can bring 85% to 90% of the balance. Most land somewhere around 70% to 85%. You can get a rough range for yours with the note value calculator.

Need cash but don't want to give up the whole contract? You can sell just part of it.

Mistakes that cost Ohio sellers money

  • Never recording the contract. Fix this first. It's usually simple.
  • Taking cash with no records. Have payments go to a bank account so there's a trail.
  • Letting insurance lapse. Make sure the home is insured and you're listed on the policy.
  • Skipping the yearly statement. It's required, and it protects your price.
  • Trying to evict a long-time buyer through forfeiture. If they've paid five years or 20%, Ohio requires foreclosure.

Frequently asked questions

Can I sell my Ohio land contract if it was never recorded?

Usually, yes. It will need to be recorded before or at closing. Tell the buyer up front so it can be handled early.

Do I need my buyer's permission to sell the land contract?

Usually not. Read your contract, though. Some contracts include a clause about assigning it. If yours has one, show it to the note buyer.

Will my buyer's payment or rate change?

No. Their terms stay the same. They just send payments to a new place.

Can I sell only part of my land contract?

Yes. You can sell a set number of payments and keep the rest. See how a partial sale works.

How long does it take to sell a land contract in Ohio?

Most sales close in about four to five weeks. The title search and the property value check take most of that time.

Will selling my land contract affect my taxes?

It can. If you've been reporting the sale on the installment method, selling usually moves the rest of your gain into this year. Read taxes when you sell an owner-financed note, then talk with your CPA.

Selling a contract in Indiana instead? Read how to sell a land contract in Indiana. It works differently there.

Larry Hoffman

Larry Hoffman

Larry has invested in real estate since 2006 and has bought more than 300 mortgage notes. He runs LJH Investments, LLC, an Ohio company based in Madison, Indiana. More about Larry

This article is general information, not legal or tax advice. Laws change. Talk with your own attorney and tax adviser about your situation.

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