Contract for Deed in Texas: Risks and Rules
Aerial view of an owner-financed Campo de Oro tract in Lockhart, sold by deed rather than contract for deed in Texas

Contract for Deed in Texas: How It Works, the Risks, and the Better Way to Owner Finance

Under a contract for deed, the seller keeps title until your last payment. Here is what Texas law requires, the risks, and the safer way to owner finance.

A contract for deed in Texas is a seller-financed sale in which the buyer pays in installments but the seller keeps legal title until the last payment. Texas Property Code Sections 5.061 through 5.087 regulate these “executory contracts” with recording deadlines, annual statements, and daily penalties, which is why most reputable land sellers now deliver a deed at closing with a note and deed of trust instead.

The sections below explain how a contract for deed works, what the Property Code requires of sellers, the risks that remain for buyers, and how the deed-plus-note alternative differs. La Tierra Realty is an Austin-based land company that sells surveyed, unrestricted 1 to 25 acre tracts in Central and North Texas with owner financing through Stonebridge Purchasing (NMLS #2349261); its typical financing conveys a warranty deed at closing secured by a note and deed of trust.

What Is a Contract for Deed in Texas?

A contract for deed is an agreement in which a buyer takes possession of real property and pays the price in installments, while the seller holds legal title until the final payment. Texas law calls this an executory contract, and Property Code Section 5.061 defines a “default” under one as the failure “to make a timely payment” or “comply with a term of an executory contract.”

The same arrangement goes by several names: land contract, installment land contract, or bond for deed, and the Property Code has regulated all of them since 1995. Under every name, the buyer pays for years but does not own the land until the contract is complete. TexasLawHelp, the legal aid site funded by the Texas Access to Justice Foundation, puts it plainly in its July 2026 guidance: “The buyer does not own the property until they satisfy the contract terms.”

Texas regulates executory contracts on residential property under Subchapter D of Property Code Chapter 5. Section 5.062 states that “a lot measuring one acre or less is presumed to be residential property,” and larger tracts are covered when the buyer or a close relative will live there. Section 5.062(c) exempts contracts that deliver a deed within 180 days of signing, which is how a normal 30-day owner-financed closing stays outside the subchapter.

What Does Texas Property Code Chapter 5 Require of Sellers?

Texas Property Code Subchapter D requires a seller under an executory contract to record the contract within 30 days, send an annual accounting statement by January 31, disclose the property's condition and any liens before signing, give a certified-mail default notice with a cure period, and deliver title within 30 days of the final payment. Missing a deadline triggers liquidated damages of $100 to $500 per day.

The table lists the main duties and the statutory penalty for each, per the Property Code text published in 2026.

Seller dutyDeadlinePenalty for failureSection
Record the contract with the county clerk30 days after signingUp to $500 per calendar year, plus attorney's fees§5.076
Send annual accounting statement (payments, balance, taxes, insurance)Postmarked by January 31$100 per missed statement (sellers with fewer than 2 deals a year) or $250 per day, capped at the property's fair market value (2 or more deals a year)§5.077
Default notice by certified mail in 14-point bold typeBefore any forfeiture or evictionForfeiture is void without it§5.063–5.064
Allow cure period after notice30 days; 60 days once buyer has paid 40% or 48 monthly paymentsMust foreclose under §51.002 instead of evicting§5.064–5.066
Transfer recorded legal title30 days after final payment$250 per day for days 31–90, then $500 per day§5.079
Hold fee simple title free of liens (limited exceptions)At signingContract voidable by buyer§5.085

Section 5.081 gives the buyer an exit at any time. The statute reads: “A purchaser, at any time and without paying penalties or charges of any kind, is entitled to convert the purchaser's interest in property under an executory contract into recorded, legal title.” The buyer tenders the balance or signs a promissory note for it, and the seller has 10 days to deliver a deed or explain in writing why not.

What Are the Risks of a Contract for Deed for Buyers?

The risks of an executory contract for buyers come from one fact: the seller still owns the land. The buyer cannot get a construction loan or sell without the seller's cooperation, a lien or judgment against the seller can attach to the property, and an unrecorded contract leaves no public record of the buyer's payments.

TexasLawHelp's 2026 guidance describes the equity problem in one sentence: “No equity means if the buyer stops paying or otherwise breaks the contract, all the money paid up to that point may be lost.” Property Code Section 5.066 softens that after 40 percent of the price or 48 monthly payments, when the seller must foreclose and return any surplus, but a buyer in year two of a 20-year contract is below that line.

Specific risks to weigh:

  • Seller's creditors: a tax lien, judgment, or divorce decree against the seller attaches to land still titled in the seller's name.
  • Existing mortgage: Section 5.085 requires the seller to hold fee simple title free of liens, with a narrow exception for a prior purchase-money loan with lender consent. If the seller stops paying that loan, the lender's foreclosure wipes out the buyer.
  • No building or refinancing: lenders will not lend against land the borrower does not own, so a home loan stalls until title transfers.
  • Unrecorded contracts: Property Code Section 5.076 requires recording within 30 days, but the penalty is capped at $500 per year, and TexasLawHelp notes that many sellers still do not record.
  • Property taxes and insurance: the Section 5.077 annual statement exists because buyers often cannot tell whether taxes were paid.

La Tierra's guide to raw land buying mistakes in Texas covers the title and survey checks for any land purchase.

Why Do Most Land Sellers Avoid Contracts for Deed?

Most professional land sellers in Texas avoid executory contracts because the Property Code's penalties run against the seller, not the buyer. A seller with two or more executory contracts in a year faces $250 per day for a late annual statement under Property Code Section 5.077, and a missed title transfer costs $250 to $500 per day under Section 5.079, so the compliance burden outweighs any control the seller gains.

Three more reasons drive the shift. First, Section 5.081 lets any buyer convert to a deed on demand, and the seller has 10 days to respond, so the seller ends up holding a note and deed of trust anyway. Second, title companies and lenders treat executory contracts as clouds on title, which complicates the seller's own resale. Third, as attorney David J. Willis notes at LoneStarLandLaw.com (February 2024), the seller's duties apply even when the contract is silent, so a forfeiture without the Section 5.063 notice is void.

The result is that the structure banks use, a deed to the buyer plus a lien back to the lender, has become the standard for owner financing on Texas land. La Tierra Realty's typical financing follows that structure: the buyer receives a warranty deed at closing, signs a promissory note to Stonebridge Purchasing for the balance, and grants a deed of trust that lets the lender foreclose only through the notice and sale procedure in Property Code Section 51.002. Ask about current terms on any tract.

Contract for Deed vs. Note and Deed of Trust

A contract for deed and a note with a deed of trust both spread the price over monthly payments, but they put title in different hands. Under a deed of trust, the buyer owns the land from closing and the seller holds a lien; under an executory contract, the seller owns the land and the buyer holds a contract right.

FeatureContract for deed (executory contract)Warranty deed + note + deed of trust
Who holds title during paymentsSellerBuyer (recorded deed)
Recorded public notice of buyer's interestOnly if the contract is recorded (§5.076)Yes, deed and deed of trust are recorded at closing
Can the buyer build, borrow, or sell?Only with seller cooperationYes, subject to the lien
Seller's remedy on defaultForfeiture after notice; foreclosure after 40% / 48 payments (§5.066)Non-judicial foreclosure with 21-day notice (§51.002)
Buyer's equity after defaultOften lost below the 40% lineSurplus from the foreclosure sale returns to the buyer
Annual statement and daily penalties on sellerYes (§5.077, §5.079)No; standard lender rules apply
Typical use in 2026Rare among professional sellersStandard for owner financing, including La Tierra / Stonebridge

For the full owner-financing process, including down payment and closing steps, read how owner financing works on Texas land and the comparison of owner financing vs. a bank land loan.

What Questions Should You Ask Before Signing Seller Financing?

Before signing any seller-financed land deal in Texas, ask who will hold title after closing, whether the deed and lien will be recorded, whether a title policy is issued, and whether the seller owns the land free of liens. If the answer to the first question is “the seller,” the deal is an executory contract and the Property Code rules above apply.

  1. “Will I receive a recorded deed at closing?” A yes means a note and deed of trust. A no means an executory contract.
  2. “Will a title company close the sale and issue an owner's title policy?” A policy confirms the seller's title and lists every lien and easement on Schedule B.
  3. “Is there an existing mortgage on the land?” Property Code Section 5.085 makes this a required disclosure, and any prior lien needs lender consent.
  4. “What is the interest rate, term, and payoff amount, and is there a prepayment penalty?” Section 5.081 bars prepayment penalties on executory contracts; get the same promise in a note.
  5. “Who pays property taxes and insurance, and how is that documented?” The answer belongs in the note or contract, not in a conversation.
  6. “Is there a survey?” A recorded plat or sealed survey defines what you are buying. La Tierra tracts, such as Campo de Oro in Lockhart (2 to 3.8 acres from $150,000) and Eagle Ranch in Luling (10 to 13 acres from $209,000), come with surveys.

Every current tract, sold by warranty deed with owner financing available, is on the available properties page. The guide to buying land in Texas covers contract to closing.

Owner Financing With a Deed in Your Name

La Tierra Realty's tracts close through a title company with a warranty deed to you at closing and financing through Stonebridge Purchasing (NMLS #2349261). Call (512) 980-1719 to ask about current terms on any tract. Atención en español.

Browse Owner-Financed Land Download the Free Buying Guide

Sources: Texas Property Code, Chapter 5, Subchapter D, §§5.061–5.087, and Chapter 51, §51.002 (2026); TexasLawHelp.org, Executory Contracts and Lease-to-Own Real Estate (reviewed July 2024, updated July 2026); David J. Willis, LoneStarLandLaw.com, Executory Contracts in Texas (February 2024); Texas Finance Code, Chapter 302 (2026); Texas Real Estate Commission, contract forms (2026).

Frequently Asked Questions

Is owner financing a good idea for buying land in Texas?

Owner financing is a good idea when the seller conveys a warranty deed at closing and secures the balance with a recorded note and deed of trust, the same structure a bank uses. Buyers get title on day one, can build or sell, and avoid raw-land bank terms. Owner financing done through an unrecorded contract for deed carries the risks described in this article.

Is a land contract the same as a contract for deed in Texas?

Yes. Land contract, installment land contract, contract for deed, and bond for deed all describe the same arrangement, which Texas law calls an executory contract. The buyer makes installment payments while the seller keeps title. Subchapter D of Texas Property Code Chapter 5 applies to executory contracts on residential property regardless of what the document is titled.

Can a buyer record a contract for deed if the seller does not?

Yes. Texas Property Code Section 5.076 puts the recording duty on the seller, but the county clerk will accept a signed and acknowledged contract from either party. Recording puts the world on notice of the buyer's interest, which protects against a later sale or lien by the seller. Recording costs a standard county filing fee.

What happens to a contract for deed if the seller dies or goes bankrupt?

Title is still in the seller's name, so the property passes into the seller's estate or bankruptcy case, and the buyer becomes a creditor with an equitable claim. A recorded contract and proof of payments strengthen that claim. Under a note and deed of trust, the buyer already holds title, so the seller's death or bankruptcy only changes who receives the payments.

Does Texas law limit interest rates on seller-financed land?

Texas usury law in the Finance Code caps most written contracts at 18 percent per year, and a seller-financed loan on a buyer's residence must comply with federal and state lending rules, including the Texas SAFE Act for sellers who finance more than a small number of homes per year. Stonebridge Purchasing (NMLS #2349261) is licensed for that reason.

This article is general information about Texas real estate law for land buyers and is not legal, tax, or financial advice. Statutes are summarized, not quoted in full, and are amended by the Texas Legislature; read the current text of Texas Property Code Chapter 5 or consult a Texas real estate attorney before signing any seller-financing agreement. Financing terms with La Tierra and Stonebridge Purchasing are set per contract; ask about current terms.

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