Blog

Why South Dakota Sellers Might Choose a Contract for Deed Over a Traditional Mortgage

Posted by Stephanie Bahr | May 12, 2025 | 0 Comments

When selling real estate in South Dakota, using a Contract for Deed can be a smart strategy—especially when buyers face challenges qualifying for traditional financing. This seller-financing method allows the buyer to make payments directly to the seller, while the seller retains legal title until the contract is fully paid.

One key advantage for sellers is faster property recovery in the event of buyer default. Unlike a mortgage foreclosure, which can take months, a properly drafted contract for deed may include forfeiture clauses that streamline the process. This can reduce legal costs and minimize downtime in reselling the property.

Additionally, offering a contract for deed can expand your buyer pool, attracting those who may not meet strict lending criteria but are financially capable of making regular payments. This flexibility can help sellers close deals more quickly and potentially at better terms.

However, this approach does come with risks—such as the need to maintain clear title and manage tax or insurance obligations during the contract period. That's why it's essential to consult a qualified South Dakota real estate attorney before proceeding.

In the right circumstances, a contract for deed offers sellers more control, quicker remedies, and broader market appeal—making it a compelling alternative to the traditional promissory note and mortgage structure.

About the Author

Stephanie Bahr

Stephanie Bahr is a full-time Legal Assistant at Foley and Foley Law Office, P.C. She was born in Edina, Minnesota, and has resided in Watertown, South Dakota since 1992. To further her education after high school, she attended St. Cloud State University and Mt. Marty College. As a teenager and f...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Foley and Foley Law Office, P.C. Is Here for You

At Foley and Foley Law Office, P.C., we focus on Wills, Powers of Attorney, Trusts, Real Estate Transactions, Estate and Trust Administration, Limited Liability Companies (LLCs) and Corporations Business Services Guardianships and Conservatorships, Ancillary Probates, and Personal Injury Law and we are here to listen to you and help you navigate the legal system.

Contact Us Today

Foley and Foley Law Office, P.C. is committed to answering your questions about Wills, Powers of Attorney, Trusts, Real Estate Transactions, Estate and Trust Administration, Limited Liability Companies (LLCs) and Corporations Business Services, Guardianships and Conservatorships, Ancillary Probates and Personal Injury Law issues in South Dakota.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.