Here is a story I wanted to share to show the importance of due diligence.
In June 2018 we bought a property from a friend of ours for $25,000. The property is an old mobile home that has an addition that makes it not mobile anymore. Our friends have owned it for a long time and have always done rent to own contracts. They explained to us how they have paid for the property three times by the amount of income they have collected over time, but now just want to liquidate everything.
So we buy it for $25,000 and there is a current tenant with 9 years left on his rent to own “contract” paying $500 per month. We did 0 due diligence on the property. My thought process was the tenant is going to own it eventually, he is responsible for all maintenance and repairs, so all I’m buying is a “contract” not a house. All we were responsible for was tax and insurance, which is about $100 per month combined, so we were looking at a net income of $400 per month.
The “contract” we bought was hand written on a yellow pad piece of paper and signed by both parties. From my business school days in college, I specifically remember learning that a legal contract is anything two parties agree on, including a hand shake, so I wasn’t too worried about it. We close on the property and I send the tenant our lease modified to the terms that were already in place. The tenant never signed it. Then July comes and the tenant never pays rent.
We go to the eviction hearing and the judge denies the eviction because the “contract” is considered an executor contract and eviction court is not the correct avenue. Judge recommends I obtain an attorney to proceed with removing the tenant.
We get an attorney and the attorney tells us the “contract” is not legal, and the tenant could sue us for not having done what is required for that type of contract (ie IRS form 1098). We had 3 options: get him to move out voluntarily, get him to sign legit owner finance docs, or sue him. The law suit option came with the possibility of a counter-suit.
The tenant said he would leave voluntarily, but took his sweet time doing it. Before he got all the way into his new place, some issues arose and he actually contacted me and asked if he could do the owner finance option, which I agreed to, mainly to have his signature on a legal contract with some type of recourse.
So, we owner financed the property to him for $39,000, got a $1000 down payment, and financed all of the legal fees and closing costs into the loan. He is now responsible for the insurance and tax, which he pays into an escrow account managed by a servicing company. He is also paying the monthly service fee to the management company.
We went from looking at netting $400 per month to a net income of $520 per month.