Predation, Exploitation, and History Repeating: Reforming the Modern Contract for Deed of Sale

Volume 93, No. 1, Fall 2020

By Haesun Burris-Lee [PDF]

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.

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Randy Kominsky is a member of Temple Law’s Class of 1979. Mr. Kominsky was a staff editor for Volume 51 and an associate research editor for Volume 52 of Temple Law Review. His case note, Housing Discrimination – The Appropriate Evidentiary Standard for Title VIII of the Civil Rights Act of 1968, was published in 1978.[1] After graduating, he moved […]