TERMS/FAQS

HAPPY FACE ON BEACH TERMS/FAQSGeneral Terms and Conditions of Sale

  • For properties sold through a Realtor, standard real estate purchase terms and conditions apply.
  • For properties we sell ourselves, all sales are final after receipt of funds and after receipt of signed documents related to sale.  If a Buyer rescinds purchase after paying full payment, partial payment, or deposit, but before the documents relating to the sale are signed, Seller has the right to charge a processing fee of up to 10% of the amount paid.

Forms of Payment Accepted (New Purchases vs. Monthly Payments)

  • New Purchases:  Credit Card / Debit Card payments are acceptable through PayPal only for new purchases to pay the required Deposit to hold a property when we sell the property ourselves.  Otherwise, Buyers will submit purchase funds directly to escrow company for properties sold through the use of a Realtor.
  • Monthly Payments:  No monthly loan payments are permitted to be submitted in the form of PayPal or Credit Card (when Seller agrees to provide owner-financing).  The only forms of payment acceptable for monthly payments are:  debits from a U.S. banking institution checking or savings account through the Loan Servicing Agency’s online payment system, Cash Equivalents (Cashier’s Checks, Money Orders, Traveler’s Checks) Personal Checks, or Company Checks.

Conditions of Sale

  • All properties are being sold in an “As Is, Where Is, and with All Faults” condition as of the date of sale.  All sales are considered SOLD and FINAL.  Buyer understands that Seller will abide by all state disclosure laws and will disclose all known facts regarding the property.  Buyer acknowledges that all properties are being sold subject to all existing covenants, conditions, restrictions, reservations, exploration and mineral rights, easements, rights of way, assessments, zoning, and all other land use restrictions as there may be on or off record.
  • Property information is deemed reliable but is not guaranteed and Buyer should perform due diligence to Buyer’s own satisfaction.

Property Inspection

  • Inspect the Property Before You Buy!
  • All Buyers should personally inspect each property and its physical condition prior to purchasing.  All Buyers will be required to personally sign an acknowledgment stating that the Buyer has been given the opportunity to inspect the property and is satisfied with its suitability for the purpose intended, including the availability of utilities and rights of way or the lack thereof.  Failure of a Buyer to obtain full information about the condition of a property, or to conduct their own on-site or off-site property inspection, will in no way constitute grounds for any claim against the Seller nor the cancellation or adjustment of the sale.

Seller and Website Disclaimer

  • Unless otherwise indicated within a property listing, the properties listed on this website are owned by us or an individual retirement account.  The property information contained herein was derived from sources believed to be correct, but is not guaranteed.  Seller and Website do not accept responsibility for information presented.  It is the responsibility of the Buyer to determine the accuracy of all measurements and specifications of the property, and Buyers are urged to contact the appropriate planning, zoning, and utility agencies to ensure the property is suitable for their needs prior to purchase.   The sale will be conducted by the Seller as a FSBO (For Sale By Owner) transaction.

Property Taxes/Association Fees

  • Buyer is responsible for all property taxes due after the date of the sale.  Taxes will be prorated such that Seller is responsible for all property taxes due and payable until and including the day of the sale.  If Buyer chooses the financing option, Buyer is responsible to pay the property taxes directly to the county treasurer/tax collector throughout the course of the loan (per county tax collector due dates).  Taxes will NOT be impounded in the monthly payment.  Should Buyer fail or refuse to pay the taxes due, Seller may pay the taxes on Buyer’s behalf and charge the Buyer back.  The lien against the property will not be released until property tax payments are reimbursed to the Seller from the Buyer in such a case.
  • As with property taxes, Buyer is responsible to pay association fees (if applicable) and keep them current throughout the course of the loan or be charged back as stated above.
  • Buyers should contact the appropriate county offices for any questions about property taxes, assessed values or supplemental assessments.

Early Loan Pre-Payment

  • There is NO PRE-PAYMENT PENALTY.  Any loan can be paid off at any time without any fees or additional charges.

Ownership Transfer/Title Insurance

  • The sale will be closed by a reputable escrow/title company and for most properties (ie California) Seller will convey ownership to the property at close of escrow and a Grant Deed will be issued.  For properties that are owner-financed a Deed of Trust will be recorded to secure Seller’s interest in the property.  A Contract for Deed may be used in states other than California whereby the Buyer will receive title to the property once an owner-financed property has been paid off.
  • Seller advises Buyer to obtain title insurance for the property and acquiring title insurance is solely up to the Buyer.
  • Seller advises Buyer that at the time of sale, the property is free and clear from liens other than recurring assessments and bonds and that the property has marketable title.  Additionally, at the time of sale, the property does not have any delinquent taxes due (and/or any owing taxes will be paid at Seller’s expense).

Seller and Website do not guarantee

  • The property boundaries and corner markers to be accurate.  The exact property boundaries and locations can only be identified by an official property survey.
  • Suitability of property for building site.  Some property encumbrances can only be identified by a detailed expert inspection of a property.  Unless otherwise stated, Seller is unaware of such encumbrances.
  • Availability of municipal water or water via a private well.  All Buyers are urged to contact local municipal planning and zoning departments or the State Department of Water Resources for information on water availability and local municipal development departments for future water availability plans
  • Availability of Utilities.  All Buyers are urged to contact the local utility companies for information on availability, cost and future development plans for extending electric and telephone lines to the property.
  • Feasibility to place a “standard” septic system on the property.  Seller has not engaged in any kind of soil or percolation testing.  (Not all properties require percolation testing; however some do).  Some properties might require the installation of an “alternative” (i.e. Hydraulic, Sand Filtered, or Mounted, to name a few) septic system.  Unless otherwise stated, Seller is unaware of such conditions.
  • Physical or legal road access or lack thereof.  Seller is unaware of such encumbrances unless specifically stated in the individual property listing.  Some parcels might be “land-locked”.
  • That any roads existing on third party maps (amongst them but not limited to:  County Maps, http://maps.google.com, http://mapquest.com, http://bing.com/maps), actually exist.  All maps were provided for information and orientation purposes only.  No liability is assumed for the accuracy of the data delineated therein.
  • Any zoning restrictions, building codes, permit requirements or any other land use restrictions.  Contact local municipal Planning and Zoning Departments or affiliated Departments (like Building and Public Safety Department) of the municipality or county in which the property is located.
  • The existence of Mineral Rights for the property.  Unless otherwise stated for the particular property, Buyer should assume that No Mineral Rights come with the property.  Contact appropriate local authorities for clarification on Mineral Rights on a particular property you are interested in.
  • Existence of Homeowners Association Fees, local or regional Bonds for Utilities, Water, Sewer, and street improvement.  Unless otherwise stated for a property, Seller is unaware of such assessments.
  • Directions to properties.  Directions to properties are provided for orientation purposes only and Seller does not guarantee the accuracy of such directions.

Frequently Asked Questions (FAQs)

Should I visit the property before buying?

  • YES, we strongly recommend that you inspect the property before buying. You should also check with the county on the zoning and approved uses of the property.  The county Planning and Zoning Department will also be able to tell you about the current and future development plans for the area.  While we will do our best to tell you everything we know about each property, nothing replaces the value of doing your own research and due diligence.

Who owns the properties being sold on the HappyLandForSale.com website?

  • All properties sold through this website are fully owned (FREE AND CLEAR) by Us or an individual retirement account (unless otherwise indicated within a property listing).  It must be specifically noted that  HappyLandForSale.com  is not a real estate brokerage firm, but only a marketplace and brand name through which these properties are being sold by the Seller directly to the Buyer as a “For Sale by Owner” transaction.

If I end up buying a property, how fast do I need to pay the total amount due?

  • For properties sold through a Realtor, you will submit a deposit at the time the contract is written to purchase the property, and the balance will be paid prior to the close of escrow directly to the escrow company (usually within 2-4 weeks).
  • For properties we sell ourselves, once you have confirmed that the property you are interested in purchasing is still available, you should submit the 3% deposit to us as soon as possible so that we can hold the property for you.  From there we will send you the purchase documents and once those are signed and returned to us we will open escrow with our local escrow company.  The remaining funds due will be paid at the close of escrow, which is normally within 2-4 weeks of opening escrow.

What are the benefits of buying on terms using a Note/Deed of Trust?

  • Because a Deed of Trust is recorded at the close of escrow, and Buyers receive a Grant Deed, title to the property is conveyed right away (instead of having to wait to receive title to the property after the loan has been paid off as with other forms of contracts).  Grant Deeds provide Buyers with one of the highest levels of protection and thus the Buyer has full security and a clear equity position.  For example, it makes it easy for the Buyer to sell the property again.

Who do I contact if I have questions about the sale process or about a specific property?

  • If your questions cannot be answered through our TERMS/FAQs or through the property details found on each property listing, please don’t hesitate to call us at 1- 888-299-8335 and we will be happy to help you.

How do I find the property when doing my research?

  • Here are some helpful hints on how to locate the properties listed for sale on HappyLandForSale.com  For each property listed we have done our best to provide you with tools to help you determine the approximate geographical location.  Each property listing has a link to http://maps.google.com so that you can see the street, satellite and terrain views.  And, once you click “View Larger Map” beneath the map you can click “Get Directions” and find directions to the property from your own location.  Furthermore, this map also lists the latitude / longitude parameters in case you have a GPS system available.  A county assessor’s parcel map is also provided for each property.
  • Here are 2 scenarios to help locate a property:
1.   The property has a street address If this is the case finding the property is very simple.  Go to http://mapquest.com or http://maps.yahoo.com and enter the street name and the city/town name.  If available, enter the zip code and the approximate property location will appear.  You will be able to zoom in or out as you wish until you can clearly tell where the property is located relative to its surroundings.  Once you identify the approximate location of the property you can then compare the detailed view of the property location with the plat map that is available for each property. 2.   The property is in an area with no street signs In this case, we recommend that you print out the detailed map that is available through each property listing or use a good topographical mapping software.  If possible, we also strongly recommend the use of a GPS (Global Positioning System) to help you find the property location.  Basic hand-held GPS systems can be purchased inexpensively at any major electronics store.  GPS devices can often be connected to a laptop or hand-held device that runs any of the major mapping software and you will have a fully functioning multi-color interactive GPS system.  In such a system, you can enter the Latitude/Longitude measurements provided by us for each property and it should be very easy to find the exact property location.  This combination is useful for very large properties that are not located in a subdivision because the plat maps do not really show much of the surroundings and it would be easy to miss the property otherwise.

How do I understand the Parcel number system?

  • Most counties in most states have a very explicit numbering system to identify an individual parcel and its location within the county.  Those numbers in many cases also serve as identifiers for property tax collection purposes.  In California, the Assessor Parcel Number (also called APN) is the single most important identifier of a property.  It consists of three sets of numbers, generally in this format:  XXXX-XXX-XX.  The three parts of each parcel number represent the Assessor’s Book, the Page, and the Parcel.
  • For example, parcel number 0339-232-74 means that this property is mapped in the Assessor’s Book number 0339, on Page 23 (first two digits of second set of numbers), in section 232 (as indicated by an oval around 232 on the map), and it is parcel 74 on that page (as indicated by a small circle around 74).  So, in order to find a property on a parcel map, just look for the last set of numbers on the parcel number within the proper section and find it on the parcel map we have attached to each property listing.  For your convenience we have identified the parcel to be sold on each parcel map.

How does HappyLandForSale acquire properties?

  • We primarily purchase properties from private parties, and all are owned by Grant or Warranty Deeds.  Once purchased, it is our goal to pass these properties along to you through our website at great terms.  Basically, we acquire quality properties and in turn offer them through this website at bargain prices to the ultimate property owner–YOU.

Are the mineral rights guaranteed for the properties?

  • We make no guarantees concerning mineral rights or the lack thereof.  If we are aware of the lack of mineral rights, disclosure will be made in the disclosure documents for each property.  However, Buyers should do their own research to find out if the property has mineral rights or the lack thereof.

What GUARANTEES do you offer?

  • We guarantee that the property is free and clear of any governmental or private liens or encumbrances other than recurring assessments or bonds.  We guarantee that at the point of ownership transfer from us to you, the property is free and clear and has marketable title.

What kind of documents do I need to purchase a property?

  • If the property is being sold through a Realtor, they will complete the purchase agreement for your review and signature.
  • If we are selling the property ourselves, Buyer will complete an Identity Statement form and provide us with a valid form of state identification to get the process started.  We will then prepare the purchase agreement/disclosures/loan documents and coordinate your signatures through the mail.

Can I step back from the sale after I go through the purchase process?

  • We are committed to following all statutory rules and laws of the state the property is located in.  This means that for some properties there might be a right of rescission period of a few days (varies by state regulations).   Please make sure you do your research and due diligence before you proceed to purchase one of the properties.

What fees are there in addition to the purchase price?

  • Typical closing costs include an escrow fee, title insurance, deed preparation, prorated property taxes, etc.  Property taxes will be prorated such that the Seller is responsible for property taxes up until the date escrow closes, and the remaining fees vary by county/state.  Just ask us and we can give you a ballpark figure of the closing costs; however final closing cost amounts may not be determined until the closing date.

What form of payment do you accept if I pay for the property in full?

  • Since all property transactions are closed through a reputable escrow agency, escrow requires that funds be paid at close of escrow with a cashier’s check or through a wire transfer from your bank to theirs.  If we are selling the property ourselves and 3% of the purchase price was collected to hold the property, the amount due at close of escrow will be reduced by this amount.

Can I make a larger down payment for an owner-financed purchase?

  • Yes, giving a larger down payment amount is fine.  Obviously this will reduce the amount of your monthly payment amount so just let us know what down payment you would like to make and we will prepare the loan documents accordingly.  Our goal is to make payments affordable to fit your budget so we are happy to work with you.   You can also make additional monthly payments without any form of pre-payment penalty or fee.

Do I need to qualify for financing or how does this work?

  • No qualifying is necessary to receive a loan from us.  Our mission is to make property ownership affordable for as many people as possible, therefore, no formal qualifications are required.  It is very simple… you want to buy a piece of land and we want to sell it to you.  That’s it.  There is a check against a database, however, in order to see if you have an IRS lien against you.  This would be the ONLY disqualifying reason for the simple reason that IRS liens attach themselves to the property like glue.  Bankruptcies are even okay.

How long can I finance the property?

  • The length of the loan (time to pay-off) depends on the purchase amount.  The following are general guidelines; however, our goal is to find a payment that’s affordable for you to ensure that we receive on-time payments: If the purchase price is: $1 – $1,000 Must be paid in full at time of purchase $1,001 – $4,999 Can be financed for up to 3 years (= 36 months) $5,000 – $9,999 Can be financed for up to 5 years (= 60 months) $10,000 – $19,999 Can be financed for up to 8 years (= 96 months) $20,000 – $29,999 Can be financed for up to 10 years (= 120 months) $30,000 – $39,999 Can be financed for up to 12 years (= 144 months) $40,000 – $59,999 Can be financed for up to 14 years (= 168 months) $60,000 + Can be financed for up to 15 years (= 180 months)

Can I buy more than one property?

  • Yes, you may buy multiple properties; however we reserve the right to restrict any buyer from entering into too many loan agreements.  The individual limit varies.

Is there any penalty for paying off a property early?

  • No.  You can pay off your property at any time with no pre-payment penalty whatsoever.

What kind of contract will I be signing when purchasing land through HappyLandForSale?

  • When purchasing land from us we will both sign a standard Purchase Agreement for vacant land which lays out the terms of the transaction including the sale price and deposit amount, and other details common in such a document.  In states other than California, a Contract for Deed may be used.
  • And, in the case of an owner-financed purchase, the Buyer will sign a Note that contains the terms of the loan, including the monthly payment and interest rate, as well as a Deed of Trust that secures the Seller’s interest in the property until the loan is paid off.  (For properties sold with owner-financing outside of California the Seller may utilize a Contract for Deed).

How do I understand land legal descriptions?

  • Here’s a nice reference that explains what a Principal Meridian and a Baseline are, as well as what Townships, Ranges & Sections mean.  Click Here.