This Comment concludes by arguing that in order to extend adequate protections to potential homeowners with limited access to credit—but not dismiss creative forms of investment or stifle the individual right to freely enter into contracts—courts must recognize the inherent unconscionability of most contracts for deed of sale. Further, state legislatures should treat these contracts as mortgages with the requisite foreclosure protections. At the very least, states should recognize that these contracts require additional safeguards regarding formation to mitigate issues of unequal bargaining power and regulate the circumstances under which sellers can force purchasers to forfeit property.
Predation, Exploitation, and History Repeating: Reforming the Modern Contract for Deed of Sale
Volume 93, No. 1, Fall 2020