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Updated 4 months ago on . Most recent reply

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Zachary Hadjah
  • Boston, MA
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Any investors using Lease options/Rent to own agreements?

Zachary Hadjah
  • Boston, MA
Posted

Within the next few months, I'll be purchasing single family house to move into and live in for 1 - 2 years to pay down as much equity as possible. After getting a good amount of equity in the house for future HELOC funding, I was going to move out of it and use the property as a rental utilizing a lease option, or, rent to own agreement.

There aren't as many resources for rent to own agreements as there are for standard rental agreements, so I just wanted to inquire and network with investors in the upstate area if they are using it.


What criteria do you have when looking for deals?
How did you craft the lease option contract?

Are there certain markets that work better for lease options than others?
Did you have to incorporate a special tenant screening process?

Etc.

Thanks!

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Marc Winter
  • Real Estate Broker
  • Northeast PA
2,659
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Marc Winter
  • Real Estate Broker
  • Northeast PA
Replied

@Zachary Hadjah,

Let's define some terms to better answer your question. 

1.  Lease/option requires a lease (that does not mention an option), and an option (that does not mention any lease). More on that later

2. Rent-To-Own is an agreement usually where the lease will incorporate the terms of the future purchase of the property.

Which to use? The lease/option as described will be 2 separate documents; the lease can be a standard rental agreement.  The option is a completely separate document, discussing ONLY the terms of their right to purchase the property within a set amount of time for a set purchase price.  The price of the option, paid for by the potential purchaser of the property, is agreed upon and set and is non-refundable.

Some sellers MIGHT credit the cost of the option back to the buyer of the property upon closing, but any details of the option may NOT refer to any lease.

Why?  If you connect the lease (right to rent the property) and the option (right to purchase) you will be providing the renter/purchaser certain ownership rights that are above the rights of a tenant.  

If things go sideways and the landlord/owner must evict the tenant/purchaser, a court could force you to eject the tenant.  Think of that like a foreclosure.  That means a lot more time and money will be spent by the owner doing an ejectment rather than a simple eviction.

Seek professional legal advice before moving forward with any of the above.

Hope this helps.  Good luck.  Keep investing and moving forward!

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