land installment contract

• Brother Could Cancel Land Installment Contract, Says Md Court of Special Appeals

An agreement between a brother and a sister to purchase a home was a land installment contract - meaning that under Maryland law, the brother had a right to cancel the deal and receive a refund of the payments he made, the Court of Special Appeals held last week. The intermediate appellate court vacated an earlier decision of the Baltimore County Circuit Court, which had concluded that the contract between Benjamin Whitaker Jr. and his sister Dorothy was a simply a loan repayment agreement, and not subject to the cancellation provisions of Section 10-102 of the Real Property Article. Under that provision, a purchaser has the unconditional right to cancel the contract - and to receive a refund of all payments and deposits made pursuant to the contract - if the vendor fails to record the ...

• The Daily Record (Baltimore)
• July 05, 2006

• Rose v. Jones, (Ohio 2012)

Land Installment Contract - Whether Violated

• Ohio Supreme Court

• Francis v. Nickoli, (Ohio 2011)

Land Installment contract; Purchase Agreement. Tenant at sufferance.

• Ohio Supreme Court

• Auto-Owners Mut. Ins. Co. v. Mohammed, (Ohio 2011)

With one exception, trial court did not err in rendering summary declaratory judgments in favor of two insurance companies and an owner of land, against a purported land installment contract purchaser, holding that no land installment contract had been entered into, so that the purported purchaser had no insurable interest in the property, and no contract claim against the owner. Owner had signed and delivered a proposed land installment contract, but the purchaser rejected this signed offer when she told the owner that material terms of the offer, including a provision that the property be sold “as is,” were unacceptable to her. The offer thereafter was not open for acceptance, and the purported purchaser could not thereafter accept and record the contract without ratification, or a ...

• Ohio Supreme Court

• Marcus v. Seidner, (Ohio 2011)

Fraud: Appellant failed to prove fraud by clear and convincing evidence where appellant was college-educated and had substantial business experience, and appellee provided her with valuable consideration for transferring the deed to her farm to him and signing a land installment contract. R.C. Chapter 5313, R.C. 5313.01, 5313.02: A "land installment contract" is an executory agreement which is not required to be fully performed within one year of agreement's date, in which vendor agrees to convey title to real property in this state to vendee who agrees to pay purchase price in installment payments while vendor retains title to property as security; While parties' LIC initially was to be fully performed within one year and thus was not an LIC as defined in R.C. Chapter 5313, the parti...

• Ohio Supreme Court

• Sanders v. Crawford, (Ohio 2007)

Forfeiture of land installment contract.

• Ohio Supreme Court

• Meyer v. Chieffo, (Ohio 2009)

The order requiring defendant to escrow payments under a land installment contract after final judgment was void because the trial court lacked authority to enter such an order. As the order was void, the trial court erred in finding defendant in contempt of that order.

• Ohio Supreme Court

• Allason v. Gailey, (Ohio 2010)

Land installment contract; trailer; allocation of insurance proceeds between vendee and vendor; declaratory judgment; loss-payable clause; "as their interests may appear"; ambiguity in contract construed against drafter; doctrine of equitable conversion; trial court's decision was against the manifest weight of the evidence; court may craft an equitable remedy where legal remedy inadequate; joinder issue waived.

• Ohio Supreme Court

• Harwood v. Pappas & Assoc., Inc., (Ohio 2005)

Directed verdict; land installment contract; acknowledgment; breach of fiduciary duty.

• Ohio Supreme Court

• McGinnis v. Hensley, (Ohio 2005)

Land installment contract-judgment lien-priority-judgment creditor-bona fide purchaser.

• Ohio Supreme Court