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Updated almost 7 years ago,
Question on Lease/Option to Buy Agreement
Hi BP Community.
I am selling a house in central Florida and was contacted by an investor with the following Lease/Option agreement. This guy apparently finds potential tenants/buyers that want to live in a house for 3 years and then buy at a set price. The “agreement” he sent me is below (identifying details redacted):
______________________
RESIDENTIAL LEASE and OPTION TO PURCHASE AGREEMENT
BUYER/TENANT: XXX Holdings, LLC
Date: 2-16-2018
SELLER/LANDLORD: XXX
PROPERTY ADDRESS: XXXXXX
RESIDENTIAL LEASE
1) Rent: $2,500 per month
2) Lease Term: 36 months, beginning March 16, 2018 and ending March 16, 2021.
3) Maintenance: Buyer/Tenant will be responsible for maintenance and repairs of
the property, not to exceed $500 per incident.
4) Sub-Lease: Buyer/Tenant has the right to sub-lease this property with written
consent by the Seller / Landlord, and this shall not be unreasonably withheld.
OPTION to PURCHASE
1) Purchase Price: $ 345,000
2) Option Period: 36 months, beginning March 16, 2018 and ending March 16,
2021.
3) Option Consideration: $100 - All Option Consideration will be credited in full
toward the purchase of the property.
4) Rent Credit: Buyer/Tenant will be credited $ 0 per month toward the purchase.
5) Closing Costs: Purchaser will pay all allowable closing costs.
6) Expiration: This offer shall expire on March 16, 2021.
7) Inspection: This offer is contingent upon physical inspection of property and
subsequent completion of a more formal and signed Residential Lease with Option
to Purchase Agreement.
8) Non-Exclusive – This agreement is non-exclusive and can be canceled anytime
by either party.
9) Assignable – This Agreement is assignable with written consent by the Seller /
Landlord, and this shall not be unreasonably withheld.
X_____________________________ X ________________________________
Seller/Landlord Date Buyer/Tenant Date
_________________
I have a few questions:
- Is this legit?
- Should I hire an attorney to make sure our agreement is solid?
- Does the state of Florida have boilerplate agreements for this sort of arrangement, like they do for purchase agreements and rental agreements?
- The current market rent and price is in the agreement above… Does one typically go higher or lower than the market rent/price on these sorts of agreements?
- What questions should I be asking this investor when I call him back?
- What provisions should I ensure are included in the lease/purchase option agreement?
Thanks!