I have not done one yet (shame on me) but feel I have a good grasp...
If a tenant buyer is in good, upwardly mobile financial situation (ex they bought another home and this is the second one... they didn't need the cash out to buy house 2) then Lease Option is a good idea.
If a tenant buyer is in bad shape (your buyer, those about to be forclosed on, bad credit without a valid reason like medical bille, etc, etc) you need to do a subject to (get the deed) so you can be in control of the property fully and not relying on them to pay (as they have shown they are unable)
I would never allow the original owner to stay and make you payments on "their" house. That's how they will see it, as "their" house. My mother in law is in the middle of a situation with an old man who truly was scammed out of his house by an unscrupulous investor. He thought he got a new mortgage but what he really did was sell his house to an investor and lease it back. Very sticky situation. If the guy was required to MOVE, even feeble minded, he may have questioned it but now, lawyers are involved (mother in law is a traditional type realtor who has been trying to SELL this guys house on the MLS for a year... and its been SOLD to this investor since September!)
The Lease option should be paid UPFRONT. If they can't do that, how do you ever expect them to pay the monthly rent, let alone BUY the house? I wouldn't take the lease option in monthly payments. It's like letting someone move into a rental without paying a security deposit. If they don't pay that security deposit, don't pay the rent, trash the place and move out well, you don't have that security deposit to repair things. The option fee is kept in your bank account but does get "taken off" the purchase price if they exercise. If they don't exercise their option, it's yours.
Monthly rent credits can be 0-100% depending on how YOU structure it. Some investors go say $100/month, some go 50%. It's just something to negotiate with the seller AND your tennant buyer. Those rent credits do go toward the house purchase.
There are 3 forms to use
Purchase Agreement
Option Agreement
Rental Agreement (don't mention anything about the option or purchase in your rental agreement or "somehow" you become a mortgagor. Not sure how that works exactly.
So the money in lease options come from
1. Upfront Option Money
2. Positive difference between rent they pay YOU and rent you pay the seller
3. Back end money on the appreciation of the house (difference in what you buy it for and what you sell it for)
I would say this deal of yours might be a canidate for buying subject to their existing mortgage (if there is some equity and the terms are good) or in just a straight purchase at 70% of FMV but DEFINITELY NOT A LEASE OPTION!
I got my information from Wendy Pattons Lease option book and from going to one of her day long classes offered by my local REI club. THeres another book I want to read that everybody says is great but I can't think of the name right now. Any help on that one?
My husband just looked over and said "are you writing a book? I scrolled up and see that indeed I am :lol: