How do we cancel a contract for deed?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do we cancel a contract for deed?

The renter has not paid real estate taxes and is behind on rent payments. I called the recorder of deeds office. They told me the renter would have to sign quick claim deed back to us for amount he has paid us. She didn’t give me any time to ask questions. What if he refuses to sign? Why would he need to sign quick claim deed? He doesn’t own any part of the property.

Asked on December 7, 2015 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While your question does not provide all the details of the transaction, it appears that there is a contract under which if the prospective buyer pays rent and taxes for some period of time, he will get the title to the home, but that he is currently in breach or default of his obligations. If that is the case, then his material (or important) breach should enable you to treat the contract as terminated. If you do this--tell him that he's in default and has no more right to buy or live there--it's likely that he'll sue you to try to force you to keep the contract in effect and/or seek compesation; even though, based on what you write, he will most likely not succeed due to his own breach, it's unfortunately impossible to keep people from filing lawsuits, even bad ones, and forcing you to deal with them. That being the case, you may wish to get out ahead of the matter by filing a suit first, seeking judicial confirmation of your rights. The simplest way is, if he was to pay rent under the agreement but has failed to do so, to bring an eviction action for unpaid rent and/or breach of lease. Another alternative is to bring an action for a declaratory judgment (court determination) that the contract has been terminated due to his breach and that he has no rights in or to the property.
The situation you describe is more complex than the standard landlord-tenant issue, so you are advised to retain an attorney to help you; the lawyer can hear all the facts in detail and review the documentation, then file the appropriate action for you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption