Originally posted by @Bill Gulley:
If you accept payments on anything that is ultimately credited to a sale price, it is aa financing agreement and is covered.
There is plenty written on BP about lease-options by a half dozen who know what they are talking about, or at least close. Read the forums, it should be obvious who they are, if someone pops in with junk to the contrary, your BS meter should go off.
Please make an attempt to search for information before you post a question that has been asked, generally, 500 times. :)
So this Safe Act / Dodd Frank Act...
Does it include hard money lenders who charge high interest on their loans? Under these Acts a lender has to look at a borrower's debt-to-income ratio, income, credit, child support/alimony, employment status, monthly loan payment, payments on other loans, etc. ; in addition, hard money lenders normally create more than five loan transactions a year which places them in the cross-hairs of Dodd Frank, so how is hard money lending still "hard" money lending with these Acts floating around?
Also, financing means to convey title. I understand the "credits toward" may be seen as financing, but is it really? To error on the side of caution, I'd say avoid credits towards the purchase price and apply them to the option. The option itself is not a sale, so how can they be considered a form of financing when no sale took place?
Explain how you would do a lease option, Bill, so the OP can go about it the correct way. You seem to know these Acts very well. Break it down into laymen's terms....