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Updated about 4 years ago on . Most recent reply
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Tenant wants to buy, but won't be loan ready for 2 years
Our tenants of 26 months want to buy the property from us. It's formerly our primary residence, and we would like to sell before the 3 year cutoff to avoid the cap gains tax. If I wait for the tenant to be loan ready, I will miss that cutoff. If I "owner finance" it, is that the same as "selling" it with regards to the Cap Gains tax rules? If not, what kind of contract should I use to recoup that tax hit from the buyer? I'm in Texas, and from what I'm learning a Contract for Deed, Lease to Own deal is likely out of the question. Can I just renew their lease and charge them an upfront non-refundable deposit of 10% of the sales price to protect me in the event they change their mind after the 3 year window closes on me?
Thanks for your inputs!
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