In a typical subject-to deal, there would be a contract or agreement, and the seller's only remedy would be to sue for performance or for loss from his buyer's failure to perform.

John JacksonInteresting - re: your title searches and the note being called due.I always tell my clients that the lease-option is enough to trigger the due on sale clause; I tell them I have no way to guage the liklihood of the bank calling the note due (but, that whatever the liklihood is now, it will be more likely as the interest rates climb); and, I always put a clause in the agreement that the optionee is put on notice that the bank may call the note due even if all payments on the mortgage are current, and the optionee's only remedy at that point is to exercise the option and close before the bank takes it in a foreclosure action.Bill GulleyI recommend to my seller clients that they charge extra for rent under a lease-option.

Sewer fees have risen considerably in the last year after the remediation fees went into effect.You'll also probably want to include $200 for city occupancy permits, and probably $500 for complying with a city inspector having a bad day.

Problems: Mold remediation took 2 weeks longer than expected, bulkhead needed 3k of repairs that were not accounted for, someone stole our metal gangway that connected floating dock with main deck, electricity via temporary pole in the yard because city of jacksonville inspectors would not go into the house with mold inside it. 

What remedy do I have?

Since I've never really gotten engaged on BP (a failure I plan to remedy) I don't really know what some of the terms are i.e.

Insurance was called the following morning and we had a remediation company there this morning to start work.

If they don't remedy the action, then you can offer them to leave with no recourse.

The owner might ask you to pay for a $20,000 bathroom faucet or mold remediation problem!

Remediation "specialists" charge an arm and two legs for all this work, but if your insurance is paying, maybe that's ok with you, and it is certainly more "hands off".