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Updated almost 3 years ago on . Most recent reply

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38
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Elijah Williamson
  • New to Real Estate
13
Votes |
38
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Should I take this deal? Alberta

Elijah Williamson
  • New to Real Estate
Posted

I was informed this morning of someone looking to sell their house privately this morning. I quickly set up a time to meet the owner and discuss why he wants to sell and what he's looking for. I met the owner this afternoon and after talking with him and learning his story, I'm not convinced I should buy the deal. I'm a new investor with one property and this one is a little more unorthodox than I'm used to seeing.

He owned the property for 5 months so far. Bought it for $110,000 and has $6,000 into it. It's pretty much turnkey from the initial walkthrough. Here's where it gets a little more complicated. He currently has a tenant living there with a right to purchase agreement. The tenant is paying $1100 a month with all of that going towards the downpayment. He has 12 months to get financing for the property or the owner takes 50% of the money saved thus far and the contract is extended for another 12 months. The agreement is for $125,000 and the tenant has about half of the required down payment. If he misses a payment, he's out and the owner gets all the capital saved so far.

The current owner wants to sell both because the tenant just quit his job and he's trying to get out of the REI game. He's willing to sell to me at $120,000 but he wants me to keep the right to purchase agreement with the tenant.

So there's already a buyer and if he goes through with financing I make $5000 minus the closing cost. Would I be paying closing costs twice? Transferring to my name then the tenants in 6 months? I'd be making $2000-$3000 then wouldn't I?

Am I missing something here? I've never run into a deal like this before and I'm not really on board with it currently.

Most Popular Reply

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50
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25
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Jeremy Heaman
  • Investor
  • Edmonton
25
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50
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Jeremy Heaman
  • Investor
  • Edmonton
Replied
Quote from @Elijah Williamson:

I was informed this morning of someone looking to sell their house privately this morning. I quickly set up a time to meet the owner and discuss why he wants to sell and what he's looking for. I met the owner this afternoon and after talking with him and learning his story, I'm not convinced I should buy the deal. I'm a new investor with one property and this one is a little more unorthodox than I'm used to seeing.

He owned the property for 5 months so far. Bought it for $110,000 and has $6,000 into it. It's pretty much turnkey from the initial walkthrough. Here's where it gets a little more complicated. He currently has a tenant living there with a right to purchase agreement. The tenant is paying $1100 a month with all of that going towards the downpayment. He has 12 months to get financing for the property or the owner takes 50% of the money saved thus far and the contract is extended for another 12 months. The agreement is for $125,000 and the tenant has about half of the required down payment. If he misses a payment, he's out and the owner gets all the capital saved so far.

The current owner wants to sell both because the tenant just quit his job and he's trying to get out of the REI game. He's willing to sell to me at $120,000 but he wants me to keep the right to purchase agreement with the tenant.

So there's already a buyer and if he goes through with financing I make $5000 minus the closing cost. Would I be paying closing costs twice? Transferring to my name then the tenants in 6 months? I'd be making $2000-$3000 then wouldn't I?

Am I missing something here? I've never run into a deal like this before and I'm not really on board with it currently.

I will start by saying I am not a lawyer, and suggest you speak to one before make purchases.
From my understanding, the current owner has already made an agreement to transfer his property interest. If he has made that agreement, I would question why he has changed his mind. If this is in the agreement with the "tenant" then you could likely purchase the property and have the tenants leasehold interests intact.

If the tenant has agreed to purchase the property it would be questionable if the owner could sell to you. An options contract is a method to sell the property, and he cannot sell the property twice.
It may be possible to put in a conditional offer to buy the property if the tenant does not have the money to purchase when required, as the contract could be considered frustrated and collapse. 

I personally stay away from properties that have shared ownership, especially when I don't pick the tenant in-common. Again I am not a lawyer, please check with a liscenced law professional on property rights and interests.

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