Unique Rental Opportunity question

Unique Rental Opportunity question

Charlotte, NC · Member since 2018 · 19 posts · 3 votes

Hey everyone! I have a question about a version of seller financing that I'd like to post to the group. My wife and I are looking at buying a townhome in an up and coming area right outside of Charlotte, NC. The current owners want to sell the property and then rent it back for a minimum of two years. I've come to learn that they have about 15-20k in appreciation that they want to take advantage of in order to pay off some credit card debt. They also want to "simplify" by just renting. Here is the scenario I was thinking about, but wasn't sure how it actually works. 

What if we offered them 15-20k in cash up front as kind of a down payment on the house and then took over their mortgage payments. But then they would rent it back from us at a higher rate. I know this sounds a little nuts, but it seems to solve a lot of "problems". It allows us to get into the property much cheaper than the required 15-20% down. It gives them the ability to pay off their debts. And it also allows us to take over the property. 

My question is, is this possible? Is it dumb? What are everyone's thoughts? Any advice would be greatly appreciated.

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Member since 2016 · 13k+ posts · 12k+ votes
8y

It is never a wise decision to rent to previous owners.

They are obviously financially struggling which makes them high risk. In addition previous owners will never give up their personal attachment to the home and will make for a very difficult landlord/tenant relationship. Although they may continue to maintain the home as they have in the past any lease language, beyond what they may want regarding the home,  will be nearly impossible for you to enforce. 

Make your offer contingent on them moving out.  

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  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    It is never a wise decision to rent to previous owners.

    They are obviously financially struggling which makes them high risk. In addition previous owners will never give up their personal attachment to the home and will make for a very difficult landlord/tenant relationship. Although they may continue to maintain the home as they have in the past any lease language, beyond what they may want regarding the home,  will be nearly impossible for you to enforce. 

    Make your offer contingent on them moving out.  

  • Investor · Denver, CO · Member since 2015 · 492 posts · 267 votes
    8y
    Devin Borders this is going to be tough. You are allowing the home owner to live in a house they already live in. What is market rent, and how much is the payment? Are they willing to pay market rent? If you take over the mortgage still In their name and they refuse to move, what do you do?
  • Charlotte, NC · Member since 2018 · 19 posts · 3 votes
    8y

    Hey guys, thanks for the replies. The current owners are married, in their 50s, college educated and empty nesters. They really like the area, and are willing to pay market rent. This guy is also the president of the HOA in their community. So for the sake of conversation, let's say they are the best renters. I also like the idea of locking into a year lease. They don't really have any demands other than they'd like to stay for at least a year. They mentioned two just in our talks, but we'd have them sign a year lease. We would really like to get into this property as the market is developing like crazy around it and it's still on the early"ish" side of the market turn. The value of the property comps at 220k but in three years I see it being worth at least 260k or more.

    My main question is can we seller finance like that and have the 15-20k down payment go towards the purchase price of the house? How would that agreement even be written?

  • Chris T.Pro Member
    Rental Property Investor · Charlotte, NC · Member since 2013 · 491 posts · 253 votes
    8y

    @Devin Borders - I can't speak to if there is a legal way to both assume/pay their mortgage and fully protect yourself, but I am sure there are others that can.

    One thought I had was if this property is off-market and ~$220K in value, I'd offer much less for the following reasons:  

    1. If you can do this without realtors (if it is not currently listed with one), that would save the sellers 6% in commissions (~$13k).  
    2. The unique situation of wanting to stay in the property will deter most buyers.
    3. Possibly negotiate a lower rent for the 1st year for a reduced sales price.  Make sure though that you have reserves in case of needed repairs since you are reducing your cash flow for Year 1.

    While you would be above the $15-20K range you stated, negotiating a much lower sales price will reduce your down payment and doing a conventional purchase would put you in a much safer situation.

    Best of Luck!

  • Charlotte, NC · Member since 2018 · 19 posts · 3 votes
    8y

    I just spoke with a friend who is also an investor and lender. He said the best way to go is a subject to. I'm currently looking into that option as I'll be able to assume their mortgage which has a much lower rate. And we won't have any closing costs associated with a new loan.

  • Real Estate Broker · Matthews, NC · Member since 2017 · 135 posts · 99 votes
    8y

    Wouldn't advise taking over the mortgage and letting them stay there. @Chris T. is exactly right on negotiating lower than value since you're cutting out the additional fees and sale price should reflect that. I wouldn't be deterred from the deal, however would get my own mortgage if letting the owner rent the next year. It keeps yourself protected and assuming mortgages is a gray area, and allowing the person on the mortgage to stay there after assuming is high risk in my opinion for potential issues. Plan for things to go wrong when you're setting up the deal, that way if they ever do, your *** is covered! 

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