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Lease Purchases a Reality Check for the Uninformed!

By
Real Estate Agent with Long & Foster 0225078705

The Truth About Lease Purchases

I recently read on a blog a scenario about a lease purchase from someone who wanted to do a lease purchase instead of saving and waiting because they didn't have enough money for closing expenses, they didn't want to go through the expense and hassle of moving into a rental, saving money and repairing their credit, and then buying.  Their question was answered by an idiot who signed "Retired Realtor" and his answer was for this person to go ahead and do a lease purchase because agents only want a commission.  Ice cream has no bones.   I'd love to see how many successful lease purchases this agent did and oh, yeah - if he actually did one, HE GOT A COMMISSION!  I feel sorry for Retired Realtor because I know his bad karma caught up to him.  

Listen now and hear me later:  in a lease purchase situation you don't own it until the deed is in your name - when the final payment is made to the owner, whether with a mortgage loan in six months or cash at the end of the contract term.  Paying a monthly lease to an owner doesn't show positively on your credit score if that's what you're trying to repair.  You certainly don't own anything and you cannot take out an equity line of credit on a home you don't own, you don't get the tax deduction, and any expenditures you make in upgrades will simply become the owner's property.   People with borderline credit issues or those in limbo till that big commission or raise comes through shouldn't be so anxious to get into something they can't get out of later.  In our instant gratification society, you have to exercise patience, not get so emotional over a purchase of anything never mind your biggest purchase ever and get down to getting your credit score up so you'll have some financial muscle and can negotiate a great deal on a home in what may be a few short months.  Don't be the proverbial kid walking down the hall with the "Kick Me" sign on your back.  Unlike "Retired Realtor" who would suggest that get you into a lease purchase where he got paid up front, I'd rather you wait and get a good deal for you and your family.

I understand all too well that folks with not so good credit are just so anxious to be in a house they will agree to almost anything.  Many times, I've helped people be patient and work through those credit issues, sometimes for years or through several loan resources, and to not be as emotional about what is essentially a huge business decision for your personal finances.  Here's another cliché - no pain, no gain.

Another thought for those of you considering a lease purchase.  What happens with that contract 12-18 months down the road and you find out that the price you agreed to is now too high.  Your loan company's appraiser comes in and the home does not appraise.  Sometimes the price is renegotiated, but many times it's not Miller Time, it's Lawyer Time!

Posted by

James Crawford Broker Associate

Long & Foster Fredericksburg Virginia

678-595-5286 Direct

 

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Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

JORDON WHEELER (THE JORDON WHEELER GROUP)  Thanks. Glad you enjoyed.

Oct 18, 2010 02:00 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Ricki Eichler,Broker,GRI,ePRO your Texas Hill Country connection (Ricki Eichler Real Estate LLC) Amen.  I know of many aquaintances of mine in Atlanta that were ripped off by lease purchase scams.  Many of these by real estate agents that should be behind bars.  They prey upon people that area already in desperate situations.

Oct 18, 2010 02:03 AM
Robert Slick
Beach and River Homes - Georgetown, SC
NRBA, RDCPro, Trident/CCAR MLS

So many call asking if the banks will lease/purchase a foreclosure. Thanks for trying to continue to educate.

Oct 18, 2010 02:13 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Jim, I believe you are speaking here to a Lease Purchase where an offer is written and the closing is delayed x number of months as opposed to renting with an option to purchase. The two are easily confused, but there is a huge difference. Some of the comments appear to be referring to a Lease Option. I am in total agreement with you. Potential buyers need to know the difference before agreeing and writing an offer. Thanks.

Oct 18, 2010 02:55 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Robert Slick NRBA, CREOBA, RDCPro, Trident/CCAR MLS (Beach and River Homes)  LOL!  I get those calls all day long...as if the banks aren't in enough trouble.

Oct 18, 2010 03:15 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Michael Setunsky (Michael's Commercial LLC) Exactly Michael.  In Atlanta we use lease purchases.  Many agents do not understand there is a major difference.

Oct 18, 2010 03:17 AM
Dawn Maloney
RE/MAX Trinity Northeast Ohio Real Estate Specialist - Hudson, OH
330-990-4236 Hudson & Northeastern Ohio

Jim, our contract was written that the house had to appraise for the purchase price. One deal was a house involved in an estate and there was enough equity in case we didn't. That home did appraise, we seem to have stabilized in that community.

Another, written by the same attorney, presented the same protection. The buyer brought $8,000 to the table and the SELLER brought $8,000 to the table at close last year. A few months later the buyer paid cash for the house - their situation was unique obviously! The seller was required to bring the money to the table by the buyer as a protection in case they would default on making their mortgage payments, which would gum up a purchase. Everyone had "skin in the game".

Oct 18, 2010 03:29 AM
James Grant
Asheville, NC

Lots of new laws coming into place to tone down the crazy stuff going on with lease options.

 

Here in my state of North Carolina - we have new laws as of October 1 that help take care of a lot of the lease option that were likely to never work out.

 

Now we have all sorts of laws that try and "fix" perceived issues with lease options. 

Oct 18, 2010 04:00 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Dawn Maloney, CDRS Elite (RE/MAX Commitment)  Excellent!  Thank you so much for taking the time to share this.  They also had a great professional agent like yourself involved in the deal.  The attorney is also a very smart idea.

Oct 18, 2010 01:56 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Jamey Grant Renovation Loan & Bank Owned Property Specialist  That is great news.  More states should follow suit.  Lease purchases are not for the agents that just got their license...they do need an attorney,and everyone involved fully understanding what is taking place.

Oct 18, 2010 01:59 PM
Linda Metallo DiBenardo
RE/MAX Impact, Lockport, Illinois - Lockport, IL

Do you think the builder will do a lease purchase?  I get this question all the time.   No, builders are not in business to rent homes.   It's like an urban myth out there, that doing a lease purchase is a good idea and commonplace. 

Oct 19, 2010 02:16 AM
Ann Allen Hoover
RE/MAX Advantage South - Hoover, AL
CDPE SRES ASP e-PRO Realtor - Homes for Sale - AL

There are so many problems with these things!  I honestly don't know of any real success stories that involve lease purchases.......too much can go wrong!

Oct 19, 2010 05:58 AM
Bob Southard
Atlas Realty Service, LLC - Kennesaw, GA
e-Pro - Cobb,Cherokee,NorthFulton,Paulding,Bartow

I have always thought that lease purchase is the real estate equivelant of a buy here/pay here car lot.  A good way for the "seller" to make some extra money but in most cases the car(house) just gets repoed and sold again.  The buyers are out whatever money they put in...

Oct 19, 2010 06:06 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Linda Metallo (Re/max Impact, Lockport, Illinois) In the past few years I have.  Some builders are desperate.  However the possibility of a deal going sour with a bank foreclosing is also a real possibility.

Oct 19, 2010 05:36 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Bob Southard,e-Pro Powder Springs,Marietta,Cobb, Realtor (Solid Source Realty)  I know that is a more common scenario than anything else when it comes to a lease purchase.

Oct 19, 2010 05:40 PM
Mirela Monte
Buyers' Choice Realty - North Myrtle Beach, SC
Myrtle Beach Real Estate

Now featured on The Optimist Group.

Oct 29, 2010 05:52 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Thank you so much Mirela!

Oct 30, 2010 05:35 AM
Dianne Bartlett
Brightside Realty, LLC - Austin, TX

Right now, lease purchases are illegal in Texas.  There's a big push to change that rule.  I don't know if that's a good idea or not.

Nov 03, 2010 04:13 AM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Dianne Bartlett (Keller Williams)  No loss in my books.  Most of them never close, and many of them involve fraud.

Nov 03, 2010 04:43 PM