Sunday, December 5, 2010

Lease Purchase / Lease Option / Rent to Own Pitfalls


PITFALLS OF A LEASE PURCHASE
A lease purchase used to be a great way to secure a property when a buyer is unable to immediately qualify for a loan, but would have the ability to do so in 6-12 months. The buyer makes a non-refundable down payment that is deducted from the sales price when they purchase the home and leases the property for a length of time needed for them to improve their chances to qualify for a mortgage loan. The #1 problem that occurs is usually the buyer not having a competent loan officer to assess the length of time needed to qualify. Second problem is usually something happening to the buyer during the lease term (loss of job, decrease in income, late payment, score not increasing as expected, loan qualifications changing) that causes them not to be able to qualify at the end of the contract causing them to lose their down payment. Life style changes (job relocation, school re-zoning, divorce, neighborhood decline) that make the home not as desirable are common, causing the buyer to not want to purchase the property at the end of the term. Another problem is maintenance & cost of ownership whereas a home requiring multiple repairs or higher utilities that the buyer isn't used to which causes the buyer to rethink wanting to purchase that particular property.

PITFALLS OF A LEASE OPTION
Lease options were very popular when the real estate market was experiencing huge annual increases in value. The buyer leases a property and deposits 'option' money in order to have the right to purchase the property at the end of the lease term for a set price. The problem with lease options in this market is that the sales price agreed on is usually more than what it will be worth at the end of the agreement. Declining values hurt both sides in this scenario.

PITFALLS OF A RENT-TO-OWN
Rent-to-own homes have remained popular in any market due to the appearance that a buyer could eventually own a home without qualifying for a mortgage loan. The most common problem with these is that the potential buyer never has a legitimate contract in place to purchase the property nor are they required to put in any substantial funds to secure the property if the seller has a better offer to purchase the property outright. Any seller with a mortgage in place is not a good candidate to do a rent-to-own from. Period. Likewise, a seller who is delinquent on a mortgage is not a good candidate as they will likely foreclose while the buyer is under the assumption that the mortgage is being paid. A seller who owns a house outright is not a good candidate either (surprisingly) unless a legitimate contract is in place that determines the total paid up front, the specific payment terms, interest rate, length of payments, and the total paid for the property. Ideally, if a buyer can get added to the deed it is the ideal situation. Owner financing is the best option for buyers who can't qualify, but understand that if you do not have the adequate cash to put into the deal to make it make sense or a legitimate contract in place, you will end up getting burned.

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