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ND Contract for Deed

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CONTRACT FOR DEED

THIS DAY this agreement is entered into by and between , hereinafter referred to as "SELLER", whether one or more, and , hereinafter referred to as "PURCHASER", whether one or more, on the terms and conditions and for the purposes hereinafter set forth:

1.

SALE OF PROPERTY

For and in consideration of TEN DOLLARS ($10.00) and other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, Seller does hereby agree to convey, sell, assign, transfer and set over unto Purchaser, the following property situated in County, State of North Dakota, said property being described as follows:

Together with all rights of ownership associated with the property, including, but not limited to, all easements and rights benefiting the premises, whether or not such easements and rights are of record, and all tenements, hereditaments, improvements and appurtenances, including all lighting fixtures, plumbing fixtures, shades, venetian blinds, curtain rods, storm windows, storm doors, screens, awnings, if any, and now on the premises.

SUBJECT TO all recorded easements, rights-of-way, conditions, encumbrances and limitations and to all applicable building and use restrictions, zoning laws and ordinances, if any, affecting the property.

2.

PURCHASE PRICE AND TERMS

The purchase price of the property shall be $ . The purchaser does hereby agree to pay to the order of the Seller the sum of Dollars ($ ) upon execution of this agreement, with the balance of $ being due and payable as follows:

(a) Balance payable in () monthly installments of Dollars ($) each, with the first installment being due and payable on the day of , and a like payment on the first day of each month thereafter until the day of , , when the final payment shall be due. No interest.

(b) Balance payable, together with interest on the whole sum that shall be from time to time unpaid at the rate of per cent, per annum, payable in the amount of $ dollars per month beginning on the day of , and continuing on the same day of each month thereafter until fully paid.

(c) Balance payable, together with interest on the whole sum that shall be from time to time unpaid at the rate of per cent, per annum, payable in the amount of dollars per month beginning on the day of , , and continuing on the same day of each month thereafter until the day of , , when all remaining principal and interest shall be paid. (Balloon payment)

If interest is charged, interest shall be computed monthly and deducted from payment and the balance of payment shall be applied on principal.

3.

TIME OF THE ESSENCE

Time is of the essence in the performance of each and every term and provision in this agreement by Purchaser.

4.

SECURITY

This contract shall stand as security of the payment of the obligations of Purchaser.

5.

MAINTENANCE OF IMPROVEMENTS

All improvements on the property, including, but not limited to, buildings, trees or other improvements now on the premises, or hereafter made or placed thereon, shall be a part of the security for the performance of this contract and shall not be removed there from. Purchaser shall not commit, or suffer any other person to commit, any waste or damage to said premises or the appurtenances and shall keep the premises and all improvements in as good condition as they are now.

6.

CONDITION OF IMPROVEMENTS

Purchaser agrees that the Seller has not made, nor makes any representations or warranties as to the condition of the premises, the condition of the buildings, appurtenances and fixtures locate thereon, and/or the location of the boundaries. Purchaser accepts the property in its "as-is" condition without warranty of any kind.

7.

POSSESSION OF PROPERTY

Purchaser shall take possession of the property and all improvements thereon upon execution of this contract and shall continue in the peaceful enjoyment of the property so long as all payments due under the terms of this contract are timely made. Purchaser agrees to keep the property in a good state of repair and in the event of termination of this contract, Purchaser agrees to return the property to Seller in substantially the same condition as it now exists, ordinary wear and tear excepted. Seller reserves the right to inspect the property at any time with or without notice to Purchaser.

8.

TAXES, INSURANCE AND ASSESSMENTS

Taxes and Assessments: During the term of this contract:(Select one)

(a) Purchaser shall pay all taxes and assessments levied against the property.

(b) Seller shall pay all taxes and assessments levied against the property. In the event that Seller pays the taxes and insurance, Purchaser shall reimburse Seller for same upon 30 days notice to purchaser.

Content Insurance: Purchaser shall be solely responsible for obtaining insurance of the contents, insuring contents owned by Purchaser. Seller shall be solely responsible for obtaining insurance on all contents owned by Seller.

Liability and Hazard Insurance: Liability insurance shall be maintained by Purchaser during the term of this contract naming Seller as an additional insured, in the amount of not less than $.

Fire, Hazard and Windstorm insurance: Fire, hazard and windstorm insurance shall be maintained as follows: (Select one)

(a) Purchaser shall obtain fire, hazard and windstorm insurance in the amount not less than $, on a policy of insurance naming Seller as additional insured.

(b) Seller shall obtain and pay for hazard, fire and windstorm insurance in an amount not less than $. In the event Seller elects this option, Purchaser shall repay the amount so paid by Seller within thirty (30) days of demand for same by Seller.

Should the Purchaser fail to pay any tax or assessment, or installment thereof, when due, or keep said buildings insured, Seller may pay the same and have the buildings insured, and the amounts thus expended shall be a lien on said premises and may be added to the balance then unpaid, or collected by Seller, in the discretion if Seller with interest until paid at the rate of the per cent per annum.

In case of any damage as a result of which said insurance proceeds are available, the Purchaser may, within sixty (60) days of said loss or damage, give to the Seller written notice of Purchaser’s election to repair or rebuild the damaged parts of the premises, in which event said insurance proceeds shall be used for such purpose. The balance of said proceeds, if any, which remain after completion of said repairing or rebuilding, or all of said insurance proceeds if the Purchaser elects not to repair or rebuild, shall be applied first toward the satisfaction of any existing defaults under the terms of this contract, and then as a prepayment upon the principal balance owing. No such prepayment shall defer the time for payment of any remaining payments required by said contract. Any surplus of said proceeds in excess of the balance owing hereon shall be paid to the Purchaser.

9.

DEFAULT

If the Purchaser shall fail to perform any of the covenants or conditions contained in this contract on or before the date on which the performance is required, the Seller shall give Purchaser notice of default or performance, stating the Purchaser is allowed fourteen (14) days from the date of the Notice to cure the default or performance. In the event the default or failure of performance is not cured within the 14 day time period, then Seller shall have any of the following remedies, in the discretion of Seller:

(a) give the Purchaser a written notice specifying the failure to cure the default and informing the Purchaser that if the default continues for a period of an additional fifteen (15) days after service of the notice of failure to cure, that without further notice, this contract shall stand cancelled and Seller may regain possession of the property as provided herein; or

(b) give the Purchaser a written notice specifying the failure to cure the default and informing the Purchaser that if the default continues for a period of an additional fifteen (15) days after service of the notice of failure to cure, that without further notice, the entire principal balance and unpaid interest shall be immediately due and payable and Seller may take appropriate action against Purchaser for collection of same according to the laws of the State of .

In the event of default in any of the terms and conditions or installments due and payable under the terms of this contract and Seller elects 9(a), Seller shall be entitled to immediate possession of the property.

In the event of default and termination of the contract by Seller, Purchaser shall forfeit any and all payments made under the terms of this contract including taxes and assessments as liquidated damages, Seller shall be entitled to recover such other damages as they may be due which are caused by the acts or negligence of Purchaser.

The parties expressly agree that in the event of default not cured by the Purchaser and termination of this agreement, and Purchaser fails to vacate the premises, Seller shall have the right to obtain possession by appropriate court action.

10.

DEED AND EVIDENCE OF TITLE

Upon total payment of the purchase price and any and all late charges, and other amounts due Seller, Seller agrees to deliver to Purchaser a Warranty Deed to the subject property, at Seller’s expense, free and clear of any liens or encumbrances other than taxes and assessments for the current year.

11.

NOTICES

All notices required hereunder shall be deemed to have been made when deposited in the U. S. Mail, postage prepaid, certified, return receipt requested, to the Purchaser or Seller at the addresses listed below. All notices required hereunder may he sent to:

Seller:

Purchaser:

and when mailed, postage prepaid, to said address, shall be binding and conclusively presumed to be served upon said parties respectively.

12.

ASSIGNMENT OR SALE

Purchaser shall not sell, assign, transfer or convey any interest in the subject property or this agreement, without first securing the written consent of the Seller.

13.

PREPAYMENT

Purchaser to have the right to prepay, without penalty, the whole or any part of the balance remaining unpaid on this contract at any time before the due date.

14.

ATTORNEY FEES

In the event of default, Purchaser shall pay to Seller, Seller's reasonable and actual attorneys' fees and expenses incurred by Seller in enforcement of any rights of Seller. All attorney fees shall be payable prior to Purchaser's being deemed to have corrected any such default.

15.

LATE PAYMENT CHARGES

If Purchaser shall fail to pay, within fifteen (15) days after due date, any installment due hereunder, Purchaser shall be required to pay an additional charge of five (5%) percent of the late installment. Such charge shall be paid to Seller at the time of payment of the past due installment.

16.

CONVEYANCE OR MORTGAGE BY SELLER

If the Seller's interest is now or hereafter encumbered by mortgage, the Seller covenants that Seller will meet the payments of principal and interest thereon as they mature and produce evidence thereof to the Purchaser upon demand. In the event the Seller shall default upon any such mortgage or land contract, the Purchaser shall have the right to do the acts or make the payments necessary to cure such default and shall be reimbursed for so doing by receiving, automatically, credit to this contract to apply on the payments due or to become due hereon.

The Seller reserves the right to convey, his or her interest in the above described land and such conveyance hereof shall not be a cause for rescission but such conveyance shall be subject to the terms of this agreement.

The Seller may, during the lifetime of this contract, place a mortgage on the premises above described, which shall be a lien on the premises, superior to the rights of the Purchaser herein, or may continue and renew any existing mortgage thereon, provided that the aggregate amount due on all outstanding mortgages shall not at any time be greater than the unpaid balance of the contract.

17.

ENTIRE AGREEMENT

This Agreement embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein. All prior or contemporaneous agreements, understandings, representations, oral or written, are merged into this Agreement.

18.

AMENDMENT – WAIVERS

This Agreement shall not be modified, or amended except by an instrument in writing signed by all parties. No delay or failure on the part of any party hereto in exercising any right, power or privilege under this Agreement or under any other documents furnished in connection with or pursuant to this Agreement shall impair any such right, power or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power or privilege shall preclude the further exercise of such right, power or privilege, or the exercise of any other right, power or privilege. No waiver shall be valid against any party hereto unless made in writing and signed by the party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.

19.

SEVERABILITY

If any one or more of the provisions contained in this Agreement shall be held illegal or unenforceable by a court, no other provisions shall be affected by this holding. The parties intend that in the event one or more provisions of this agreement are declared invalid or unenforceable, the remaining provisions shall remain enforceable and this agreement shall be interpreted by a Court in favor of survival of all remaining provisions.

20.

HEADINGS

Section headings contained in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions hereof.

21.

PRONOUNS

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this agreement: (1) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (2) words in the singular shall mean and include the plural and vice versa, and (3) the word "may" gives sole discretion without any obligation to take any action.

22.

JOINT AND SEVERAL LIABILITY

All Purchasers, if more than one, covenants and agrees that their obligations and liability shall be joint and several.

23.

PURCHASER’S RIGHT TO REINSTATE AFTER ACCELERATION

If Purchaser defaults and the loan is accelerated, then Purchaser shall have the right of reinstatement as allowed under the laws of the State of North Dakota, provided that Purchaser: (a) pays Lender all sums which then would be due under this agreement as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; and (c) pays all expenses incurred in enforcing this agreement, including, but not limited to, reasonable attorneys' fees, and other fees incurred for the purpose of protecting Seller's interest in the Property and rights under this agreement. Seller may require that Purchaser pay such reinstatement sums and expenses in one or more of the following forms, as selected by Seller: (a) cash, (b) money order, (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity or (d) Electronic Funds Transfer. Upon reinstatement by Purchaser, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.

24.

HEIRS AND ASSIGNS

This contract shall be binding upon and to the benefit of the heirs, administrators, executors, and assigns of the parties hereto. However, nothing herein shall authorize a transfer in violation of paragraph (12).

25.

OTHER PROVISIONS

WITNESS THE SIGNATURES of the Parties this the day of , 20.

SELLER:

PURCHASER:

STATE OF NORTH DAKOTA

COUNTY OF

On this day of , in the year , before me personally appeared , known to me (or proved to me on the oath of ) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that he executed the same.

______________________________

Notary Public

Printed Name:

My Commission expires:

STATE OF NORTH DAKOTA

COUNTY OF

On this day of , in the year , before me personally appeared , known to me (or proved to me on the oath of ) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that he executed the same.

______________________________

Notary Public

Printed Name:

My Commission expires:

Seller(s) Name and Address
Buyer(s) Name and Address
Name:
Name:
Address:
Address:
City:
City:
State: Zip:
State: Zip:
Phone:
Phone:
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What the ND Contract for Deed Is and when it applies

A North Dakota Contract for Deed is a seller-financed real estate agreement where legal title often remains with the seller until the buyer completes scheduled payments. The contract sets purchase price, payment schedule, interest, default remedies, and recording instructions. It can be used when buyers cannot obtain conventional financing or when sellers prefer to retain title as security. Properly drafted contracts address escrow, taxes, insurance responsibilities, and foreclosure or cancellation procedures to protect both parties and meet state recording requirements.

Why a clear ND Contract for Deed matters

A well-prepared Contract for Deed clarifies payment obligations, protects priority against third-party liens once recorded, and sets default remedies to reduce litigation risk. It also helps lenders, title companies, and county recorders assess encumbrances and enforceability.

Why a clear ND Contract for Deed matters

Typical parties and professionals involved

Many transactions involve buyers, sellers, title agents, and sometimes attorneys or brokers; each has distinct responsibilities.

  • Buyer: Individual or entity acquiring equitable title and responsible for payments, taxes, and insurance per contract terms.
  • Seller: Retains legal title as security until full payment; must follow statutory notice and recording steps on default.
  • Title & Closing Agent: Verifies chain of title, prepares recording documents, and confirms recording requirements with the county recorder.

Identifying roles early reduces signing delays, supports accurate recording, and lowers dispute risk after closing.

Step-by-step: Completing an ND Contract for Deed

Follow a consistent sequence: prepare the draft, confirm parties and property details, gather signatures and notarizations, record the document, and distribute executed copies.

  • 01
    Prepare Draft: Populate parties, legal description, price, and payment schedule.
  • 02
    Confirm Identity: Match names to government IDs and title records.
  • 03
    Sign & Notarize: All required signatures, witnesses, and notarizations must be completed.
  • 04
    Record Document: File with county recorder and obtain recording receipt.

Key contract elements to include in a professional ND Contract for Deed

A complete Contract for Deed reduces ambiguity and supports recordability; include sections that address performance, default, and post-closing procedures.

Parties

Full legal names, entity status, and contact information for buyer(s) and seller(s); include signer authority for entities to validate signatures.

Property Description

Official legal description and parcel ID; attach survey or exhibit if needed to avoid boundary disputes and recording errors.

Payment Terms

Principal, interest rate, amortization, payment dates, prepayment terms, and balloon provisions; state method and location for payments.

Default Remedies

Specify cure periods, late fees, acceleration rights, and statutory foreclosure process applicable in North Dakota or chosen governing law.

Recording Instructions

Declare intent to record, who pays recording fees, and where recorded copies must be sent to ensure public notice and priority.

Insurance & Taxes

Assign responsibility for property taxes, hazard insurance, and escrow handling; require proof of coverage where appropriate to protect both parties.

Essential data elements to verify before signing

Buyer Name: Exact legal name
Seller Name: Exact legal name
Property ID: Parcel number
Legal Description: Full description
Payment Amounts: Dollar amounts
Effective Date: MM/DD/YYYY

Routing and filing overview for the executed contract

After execution, follow a clear routing sequence: confirm notarization, create recording copies, deliver to county recorder, then distribute certified copies to parties and title insurer.

  • Prepare Recording Copy: Create original and required copies for the county recorder.
  • County Recorder: File original; obtain recording stamp and receipt.
  • Deliver to Title: Provide recorded copy to title or escrow agent for clearance.
  • Distribute Executed Copies: Send certified copies to buyer, seller, and lender if applicable.

Digital delivery and format requirements

Use PDF or DOCX masters and verify the final copy before sending for signature to preserve layout and legal language.

  • Integrations: Salesforce, NetSuite, Microsoft 365
  • File Formats: PDF, DOCX, HTML, Excel
  • Authentication: Email link, SMS code, or SSO

Typical timelines, recording expectations, and processing windows

Timelines vary by county; plan for document preparation, notarization, recording, and distribution when scheduling closing and payment deadlines.

Document Preparation Time:

Allow several days for attorney review and title clearance.

Notarization and Witnessing:

Complete immediately before recording to ensure correct dates.

County Recording:

Recording turnaround varies by county and workload; expect days to weeks.

Payoff & Delivery:

Send recorded originals promptly to parties after receipt.

Notice Periods:

Observe any statutory cure periods before accelerating or canceling.

Common preparation errors that delay enforceability

  • Mismatched names between contract and title records leading to recording office rejection or clouded title, which can require corrective deeds or affidavits.
  • Vague payment provisions or omitted late fees and cure periods that make it difficult to enforce acceleration or repossession on default without litigation.
  • Failure to notarize or include required witness attestations per state rules, causing a recorder to refuse filing or creating future probative issues.
  • Not identifying tax and insurance responsibilities clearly, resulting in unpaid taxes or lapsed insurance that can trigger liens or coverage gaps.

Potential legal and financial consequences of errors

Recording Rejection: Delay in public notice
Title Defect: Clouded or unclear title
Tax Liens: Priority loss for unpaid taxes
Foreclosure Risk: Complex foreclosure procedures
Civil Litigation: Disputes over contract terms
Regulatory Penalties: Statutory fines or sanctions

Real-world examples of seller-financed transactions

Two brief examples show how Contract for Deed arrangements are used and the operational steps that followed.

Martin Properties

Local residential portfolio purchase using seller financing to bridge buyers without bank loans

  • Rapid mobile signing enabled closing while buyers arranged insurance
  • The company reported consistent compliance and timely collections after recording and distributing certified copies.

Optica Ventures LLC

Small investor sold one parcel on a Contract for Deed with clear escrow instructions

  • Title company confirmed legal description and recorded the contract
  • Parties used documented payment schedule and recorded the agreement to protect priority against subsequent liens.

Practical tips to ensure a clean and enforceable Contract for Deed

Adopt these practices to reduce errors, speed recording, and protect both parties' interests throughout the payment term.

Verify names and title chain
Confirm buyer and seller names against government IDs and title reports before preparing the contract to prevent recording rejections and avoid corrective documents later.
Use explicit payment mechanics
Detail payment method, allocation (principal/interest), late fees, and where payments are applied; include a clear final payoff statement procedure for full satisfaction.
Coordinate with title and county recorder
Engage the title company early to confirm local recording format, documentary stamp or transfer tax obligations, and whether additional affidavits or exhibits are required.
Preserve audit trail for eSigned copies
When using eSignature, retain the tamper-evident signed PDF and audit trail showing signer attribution, timestamps, and authentication method for evidentiary support.

eSignature vendor comparison for Contract for Deed workflows

Compare core pricing and capabilities relevant to high-volume document workflows, bulk sending, audit trails, and HIPAA compliance. signNow appears first per vendor order.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about ND Contract for Deed completion and eSigning

Answers to common issues with signing, recording, and enforcing a Contract for Deed, with references to legal standards and practical next steps.


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