Seller Financing Land in Texas: Income, Tax Advantages, and How to Protect Yourself

Corey Zant
Corey Zant · 8 min read
Seller Financing Land in Texas: Income, Tax Advantages, and How to Protect Yourself

When I bring up seller financing with a landowner, the first reaction is usually a flinch. “I don’t want to be anybody’s banker.” I get it. You worked that ground for years, and you want a clean check and a handshake at closing.

But here is what I tell them: seller financing land is one of the best deals a landowner can make, and most never consider it. You sell the land, and then you get paid to be the bank. On raw farm and ranch ground in the South Plains and Panhandle, where lenders are slow, picky, or nowhere near the deal, it can be the difference between a good sale and a great one.

Let me show you why.

Seller Financing Land Turns a Sale Into Replacement Income

A cash sale gives you a lump sum and a new problem: what to do with it. You can park it in a CD, hand it to a money manager, or watch it get picked apart by taxes and spending.

Seller financing land gives you a check on a schedule you pick: monthly, quarterly, semiannually, or annually. If you are stepping back from farming or ranching, that check replaces the income the land used to produce, without the input costs, the hail, or the 4 a.m. mornings. You can even match the payment schedule to the buyer’s operation. A farming buyer may want to pay after harvest. A cattle buyer may prefer quarterly. You set the terms, and the buyer who wants the land badly enough will meet them.

What 7% Actually Pays

Here’s a real-world example of seller financing land. Say you sell a $500,000 tract. The buyer puts 20% down ($100,000), and you carry the remaining $400,000 at 7%, amortized over 20 years. The buyer pays about $3,101 a month, or $37,200 a year.

Here’s what most sellers don’t realize: on an amortized loan, the interest is stacked on the front end. Each payment is figured on the balance still owed, and the balance is highest in the early years, so that’s when interest takes the biggest share of every check. In month one, about $2,333 of the buyer’s $3,101 payment is interest. Only about $768 goes toward principal.

Here’s how the first five years break down:

YearInterest You EarnPrincipal PaidShare of Payments That’s InterestBalance Owed at Year End
1$27,700$9,50074%$390,500
2$27,000$10,20073%$380,300
3$26,300$10,90071%$369,300
4$25,500$11,70069%$357,600
5$24,600$12,60066%$345,000
Total$131,100$55,00070%

That’s about $131,000 in interest in the first five years alone. It sits on top of your $500,000 sale price and the $100,000 you collected at closing. Seven out of every ten dollars the buyer sends you in those early years is pure interest income.

Carry the note all 20 years and the interest adds up to roughly $344,000. For most sellers, though, the real money is in the front of the loan.

That’s also where your flexibility comes in. You are the bank, so you dictate or negotiate the terms: the rate, the down payment, the amortization period, the payment schedule, whether there’s a balloon, and whether you allow prepayment. A longer amortization keeps more interest on the front end. A balloon lets you collect those heavy-interest years and then get your principal back. Every term is on the table, and a buyer who wants your land will work with you to get there.

Tax Advantages of Seller Financing Land

This is the part that gets people’s attention. Under the installment sale rules (IRC Section 453), you generally report your capital gain as you collect principal, not all in the year you sell.

Here’s how that plays out. Say your basis in the land is $150,000 and you sell for $500,000. Your gross profit is $350,000, which is 70% of the price, so every principal dollar you collect carries 70 cents of gain. In year one, the down payment plus about $9,500 in principal payments means you would report roughly $76,700 of gain (before selling costs) instead of the full $350,000.

Spreading the gain over several years can keep you out of a higher capital gains bracket and may reduce your exposure to the 3.8% net investment income tax. Texas has no state income tax, so the savings are all federal, and they can be significant.

There are some limits. Interest is taxed as ordinary income when you receive it. Depreciation recapture on improvements is due in the year of sale. The note has to carry at least the IRS minimum interest rate. My advice is to sit down with your CPA before you list. We are happy to be in that conversation. If you’re still farming the ground before a sale, our breakdown of Section 180 soil fertility deductions covers another tax lever worth knowing.

Structure the Deal: Down Payment and Balloon

Require 15% to 20% Down

This is the most important term in the deal. A buyer who puts 15% to 20% down has real money in the land and will not walk away over one rough year. It also protects you. At 80% to 85% loan-to-value, land prices have to fall a long way before a foreclosure leaves you short. Set a minimum and hold to it. The right buyer will respect it.

Consider a Balloon

If you don’t want to carry a note for 20 years, you don’t have to. Keep the 20-year amortization so the payment stays reasonable, then make the full balance due in 5 or 7 years.

With a 5-year balloon in the example above, you collect the front-loaded interest from the table, about $131,000. Then the buyer owes roughly $345,000 to refinance or pay off. You capture the years when interest is highest and get your money back on a date you chose. Decide up front whether you would extend if the buyer can’t refinance in time, so there are no surprises later.

Seller financing land on a South Plains, Texas farm

Screen the Buyer Like a Lender

When you are seller financing land, you are the bank, so act like one. With the buyer’s written permission, run a background check: credit, judgments, tax liens, bankruptcies, and pending lawsuits. Ask for proof of the down payment funds. A buyer with a stack of judgments is a buyer whose creditors can come after your collateral. Screening takes a few days and saves years of trouble.

Let a Loan Servicer Handle Collections

This is the objection I hear most: “I don’t want to hound somebody for a check every month.” You shouldn’t have to, and you won’t.

A reputable third-party loan servicer collects the monthly, quarterly, semiannual, or annual payment. They send statements, track late payments, handle the year-end tax paperwork, and give you a clean payment record. If the buyer defaults, the servicer works with your attorney and trustee to handle it. You never have to make an awkward phone call. You just watch the deposits land. The cost is modest and often negotiated into the deal.

If the Buyer Defaults: Foreclosure and Repossession

Nobody goes into a deal planning for default, but you should know the answer before you sign.

In Texas, a note secured by a deed of trust with power of sale can be foreclosed without a lawsuit under Texas Property Code Section 51.002. The general sequence is a notice of default with 20 days to cure, then notice of sale at least 21 days out, then a sale on the first Tuesday of the month at the county courthouse. Plan on six weeks at a minimum, longer if the buyer contests it. Your servicer and attorney handle the process.

At the sale, you can bid the balance of your note. If nobody outbids you, the land comes back to you, and you keep every dollar already paid: the down payment, the interest, all of it. Remember how front-loaded that interest is. A buyer who defaults in year three has already paid you about $81,000 in interest plus the down payment, and you get the land back to sell again. Repossession has its own tax rules, so bring your CPA in before you act.

Raw Land Means No Escrow Headaches

With a house, the lender has to manage escrow for taxes and insurance. When you are seller financing raw land, there is usually no structure to insure and no escrow to manage. The buyer pays the county property tax bill directly, due by January 31 each year.

One thing to watch: a property tax lien jumps ahead of yours, so require proof of payment every year or have your servicer track it. Also require the buyer to keep the ag valuation in place, so a change in use doesn’t trigger rollback taxes. Tracts with a home are a different animal, with additional state and federal rules.

Protect the Land’s Value with Covenants

With seller financing land, the ground is your collateral until the note is paid off, so protect it. We write these protections into the deed of trust:

  • No subdividing or platting before payoff
  • No caliche pits, gravel or sand mining, or topsoil removal
  • No dumping or hazardous storage
  • No new liens, easements, or leases without your written consent
  • No severing or selling groundwater rights
  • No sale or transfer without payoff (due-on-sale)
  • Taxes kept current, fences maintained, ag use continued, and annual inspections allowed

Out here, a caliche pit or a stripped water right can wreck a tract’s value faster than a bad crop year. If the land ever comes back to you, you want it back the way you left it.

Seller Financing Land Widens Your Buyer Pool

This is the benefit most sellers don’t see coming. The moment you offer owner financing land in Texas, you are no longer competing only for cash buyers.

Plenty of good buyers can’t get through a bank, or don’t want to: self-employed operators, young farmers building their first place, buyers with strong equity but uneven income, and buyers looking at tracts lenders won’t touch. Add them to the cash buyers, and you have more qualified people looking at your land. That gives you more leverage on price and terms, and a faster sale. In a slow market, seller financing can be what gets your land sold.

Who Seller Financing Is Not For

I’ll be straight with you. Seller financing land is not for everyone:

  • 1031 exchange sellers. A note is not like-kind property, and a 1031 generally needs cash proceeds held by a qualified intermediary.
  • Sellers who need cash now to pay off debt, settle an estate, or buy the next place.
  • Sellers with a loan on the land larger than the buyer’s down payment. Your lender gets paid first, and a due-on-sale clause stands in the way.
  • Sellers who could not stomach foreclosing if it came to that.
  • Sellers who want a clean break with no ongoing tie to the deal.

If that’s you, a cash sale is the right move, and we’ll help you get the most out of it. Our guide to selling Texas land is a good place to start. If not, keep reading.

We’ve Done This Before

Seller financing land works when it’s structured right. When it isn’t, it becomes a headache. The difference is experience.

We are very experienced in handling these deals. In the last two years, we helped nine clients sell with owner financing, on everything from homestead tracts to 300+ acres. Every one of them was satisfied, and every deal took experience to get right: structuring the note, screening the buyer, writing the covenants, and coordinating with CPAs and attorneys so nothing slipped through the cracks. We have case studies to show you how those deals came together.

If you have been thinking about selling, let’s talk about whether carrying the note makes sense for you. It might be the best decision you make with your land.

Thinking about selling land in the South Plains or Panhandle? Get a free valuation and a seller financing review from Veritas Land Co.

General information, not tax or legal advice. Talk with your CPA and attorney before structuring a seller-financed sale.

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Written by

Corey Zant

Broker/ Owner of Veritas Real Estate Co

I am a sixth-generation Texan with a legacy rooted in the soil of the South Plains. My family has spent over a century farming and ranching, giving me an understanding of what it means to make a living from the land. Experienced in farm and ranch sales; founder of Veritas Real Estate Co, representing clients in everything from small recreational…

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