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What is the difference between a lease purchase and a lease option?

By
Real Estate Broker/Owner with Richard Weisser Realty

Lease purchase or lease option?Many people want to take advantage low real estate prices and purchase a home in today’s buyer’s market, but are unable to do so because of some credit issues that require some time to repair.

But with so many homes for sale in today’s market, many sellers are willing to offer the possibility of a lease purchase or a lease option. Both of these avenues are ways to set a purchase price in today’s market with a closing at some pre-defined point in the future.

The difference in a lease purchase and a lease option is a subtle one. Both offer a separate lease and purchase and sale agreement that are in effect concurrently. During the lease portion of either arrangement, the relationship is strictly one of landlord and tenant.
A lease purchase agreement is like any other purchase and sale, except the closing date is chosen to coincide with the expiration of the lease. At the end of the lease period, the purchaser is obligated to purchase the property according the terms that have been negotiate.

A lease option allows the tenant to purchase the property at any time during the option period, but the tenant is NEVER obligated to purchase the property. It is entirely up to the owner of the option as to whether or not a purchase is consummated.

In either case, the terms and conditions of sale are negotiated in advance, and title in theory is extended by the seller. This usually means that the seller cannot sell the property to anyone else unless the agreement is breached or terminated.

Lease purchases and lease options are both great ways to cash in on the buyer’s market of today. It could open the door to the house of your dreams.

Note: Laws vary by state. Always consult with an attorney before entering into any contractual agreement!

Bob Haywood
McGraw Realtors - Owasso, OK
BobHaywood.com

Richard, thank you for the information.  Believe it or not, I didn't know this!

Aug 15, 2010 02:55 PM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Nice, simple explanation for the difference between these two scenarios, Richard.  Thank you.

Aug 15, 2010 02:56 PM
John Walters
Frank Rubi Real Estate - Slidell, LA
Licensed in Louisiana

I assume the lease option is the same or close to a bond for deed or a land contract.  I have one that we are doing tomorrow.  I personally don't think they are as good as before because of the tighter credit guidelines.  Never the less it's another way for a buyer to get a house and a seller to sell one.  Thanks Richard once again.

Aug 15, 2010 02:59 PM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I am seeing more of this in my area Richard.  Usually called by the wrong name of Rent to own.

Aug 15, 2010 05:06 PM
Diane Osowiecki
Diane O and Friends - Benchmark Realty - Franklin, TN
Greater Nashville Real Estate

Thanks for the clarification.  SO many don't know the difference and use the two terms as if they meant the same.

 

Aug 16, 2010 12:27 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Richard, both lease options and lease purchases can be a win win situation for buyer and seller, but most of today's buyers are throwing around these terms looking to find cheap rent with no intention of ever buying a home.

Aug 16, 2010 12:28 AM
Fernando Herboso - Associate Broker MD, & VA
Maxus Realty Group of Samson Properties - Clarksburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

A lot of people call it rent to own because its a lot easier for consumers to understand it.

The key components like you said in this post is. . a "purchase" or an "option".

Aug 16, 2010 12:50 AM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Good information. Seems like the lease option is the best option - pun intended! The option looks almost like a try before you buy option!

Aug 16, 2010 12:53 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Thanks for the post Richard. I had been toying with the idea  of writing about it myself particularly since I have encountered several recent inquiries about lease purchases and lease options.  I may add a post about the option payment vs down payment.

Aug 16, 2010 01:11 AM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Excellent explanation and before agents attempt to explain the differences, they need indepth knowledge on which is best for their client * seller and buyer/renter.

Aug 16, 2010 03:29 AM
DEBORAH STONE
Balboa Real Estate San Diego, CA - San Diego, CA

Lease option doesn't seeem to offer much, since purchasing is optional. Good explanation and I am going to Re-Blog!

Aug 16, 2010 12:31 PM
David Okada
Douglas Elliman Real Estate - Manhattan, NY
Service-Beyond Your Expectations

It seems like the lease purchase is more favorable for the seller in a declining market. Thanks for the education, since I was not aware of the difference.

Aug 16, 2010 01:04 PM