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Purchasing a home is a big step for anyone who decides to take on the challenge. Making the conscious decision to improve ones future by becoming a homeowner is an admirable thing to do.  Along with this decision comes the responsibility to learn all there is to know about the process of buying your home.  One method you might find is the "rent to own" process.

  • Rent to own offers are very common and misunderstood.  Most buyers look at the offer as a fabulous deal.  Thinking (mistakenly) that ALL the money paid toward the "rent" will be put toward the price of the home.  This is seldom if ever the case.
  • Rent to own has also become the focus of many investors who target the uninformed with schemes that are not in the renter's best interest.  These schemes are taught on late night, get rich type informercials.  Getting involved in a contract that will work against you is never a good thing.

Let me explain the common misconceptions associated with the "rent to own" offer.

Most people first assume that a rent to own offer means the entire rent payment will be used to reduce the price of the home, over the course of the rental agreement. This is not only far from true, but not financially realistic.  Let's think about this logically.  In order to do so we must assume the homeowner has a mortgage on the house.  Even if he didn't there is a cost to borrowing money. Most investors who own property are NOT going to lend money without making a profit.

Using an example of a $200,000 home.  You lease it at $1500 a month.  The amount of rent that would be put toward your purchase would most likely be a similar amount as if you were borrowing from a bank. 

When you borrow money to buy a home, the payment is made up of both interest and principal.  In the first states of the loan, the interest is very high and the principal is very low. The principal amount in the one that reduces the amount you owe.  Look at the example below. 

#1 $134.20 is the principal amount.  Relating it to the interest

#2 $1333.33 that's a much smaller amount. 

Thinking logically it would be impossible to credit the entire payment toward the price of the home.  

Example of Amortization Schedule 

 

Renting to own a home will require a contract and a lease.  The owner of the home will typically require the tenant to put up extra cash, for instance an extra month or more of rent.  If the terms of the contract are not met within a specified time the tenant loses this amount.

Popular Rent to Own Scams

 Certain real estate get rich quick schemes teach would be investors to go into a soft housing market looking for homeowners who need to sell their homes.  They contract with the home owner on a long term lease.  Offering the homeowner relief from their monthly obligation to pay the mortgage.  Usually the investor will take out a long term lease with option to buy on the home. 

The investor does not buy the home, but turns around and advertises it for "rent to own" or "lease with option to purchase."  The intent is to find a prospect who is not credit worthy to purchase, but needs a home.  This prospect has little other options and finds the "rent to own" offer very attractive and is willing to pay a little more in hope that someday soon he will be able to purchase the home.

The problem is, unless the prospect has the desire and ability to clean up his credit, he will not be able to qualify to purchase the home.  So who wins?  The guy who is leasing the home.  He walks away with a hefty deposit and perhaps a premium on the rent his was collecting.  He does this without ever actually owning the home. 

These investors types do this over and over again. They get enough properties leased at a premium, they risk very little.

Who might be a good prospect for a "rent to own" or "lease option to purchase"

Renting to own has been around for many years.  At one time it was a perfectly sensible and respectable way to purchase a home.  Like many things it needs to be approached with caution.

Buyers who know for a fact they will be selling a home at some point in time are good candidates.  It is very common among people who are relocating from one area to another.  Their current home maybe slow to sell due to a sluggish market or maybe it's subject to a rental agreement.  Once the home can be sold, then the renters will be in a position to rent. 

For families in this situation, finding a home they can settle into while waiting for a previous home to sell, renting to own can be a dream come true. 

Buyers who have poor credit scores and need time to correct them find renting to own is a good solution. If they are serious and determined to change their scores, then eventually they can qualify for a mortgage.  Dedication is the key to improving poor credit.  It's not easy, but it is possible.

How to avoid getting mixed up in a bad rent to own schememan holding a house in his hands

Since all leases or rentals to own require contracts, hire an attorney to review the contract.  A good attorney will cost a few dollars but could save you your down payment, an extra move and some major grief in the long run. 

Do your research.  The Sarasota Herald-Tribune published an article on the substantial lease-to-own program in Florida that had generated numerous complaints.  Over a 5 year period hundreds of deals were executed under this program but only a few resulted in actual purchases.  The article stated there were more evictions than purchases.

Arming yourself with knowledge is the best way to approach any purchase.  When buying a home, find someone you can trust to give you the story, straight up.  Once you are familiar with The Facts, you can decide for yourself if renting to own is a deal or no deal for you!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Update!

 Carol Williams wrote two excellent blogs sharing her process of doing "rent to own properties" that has an 80% success rate.  I've included the links here.

"Lease-To-Own: The Bad Way"

"Lease-To-Own: The Better Way"

Kristal Kraft Denver Realtor

Kristal Kraft's Facebook Profile Kristal Kraft's Flickr Photos Kristal Kraft's Google Profile Kristal Kraft's Linked In Profile Kristal Kraft's Twitter Profile Kristal Kraft's You Tube Profile

Kristal Kraft Sells Denver Real Estate

Broker Associate, ABR, CRS, GRI, ePRO, PMN, PNG
The Berkshire Group, REALTORS
3801 E. Florida Ave., Suite 400
Denver, Colorado 80210
720-279-4599 ~ direct     303-953-5362 ~ fax

Selling Colorado Since 1984, Serving the Following Areas:

 

48 Comments on Rent to Own...deal or no deal?

NOV
13
2006
446,892 Points 5 Featured Posts Localism Sponsor Outside Blog
Rent with option draws a lot of scum. I require a sales contract to be attached to the lease with an agreed sale price, sometime in the future, and option money. Should sales contract not be executed on given date, option money is forfeited and the lease remains in affect as long as no delinquincy.
5:31pm • #1
198,363 Points 12 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp
What the prospective buyer needs to know also is that the wish to rent for purchase reduces greatly the number of homes that they can consider.  When looking at possibilities in a common price range in our area (120-150K) we'll see that, out of the 580 homes for sale only two are available for lease purchase.  I urge the prospective buyers to rent another year if they can't commit to purchasing and find the right house, not the only choice available!
5:48pm • #2
164,338 Points 58 Featured Posts Localism Sponsor Outside Blog Hit Router
Outstanding post - gold star quality!   In my 30 years in the business, I have never seen a rent to own actually work.
6:28pm • #3
570,022 Points 120 Featured Posts Outside Blog

David ~ scum indeed!  I hate to see uninformed people being taken advantage of.  Worse even is when they come to me after they have lost time and all their extra money, trying to buy a place.  There's nothing I can do to reverse it...

Chris ~ oh yes, the pond does get smaller.  So small in fact it eliminates all the good choices.

Linda ~ Thanks for the gold star, I'll take it!  I can't recall one working either.  I have sold homes on a Land Contract when there was no other way to do it.  But the lease purchase is not a valid way to go, so I usually discourage it.  There's too many other options...

6:33pm • #4
274,499 Points 28 Featured Posts Outside Blog
Chris, I advise the same thing.  If you really want to buy and will do the work to get your credit and down payment ready, wait til you can shop in the ocean instead of the pond.  for investors, it's a great deal-in our market the lease-to-own folks charge a 3-5% nonrefundable down payment and do about $50 rent credit each month.  That's a lot of money to use to replace carpet and paint and profit from it.  I think it's seedy but I can't control how others choose to run their businesses!
6:55pm • #5
3 Featured Posts
Kristal,  I haven't had time to read this entire article but WILL.  I am very involved with lease-to-own programs here.... with an 80% success rate.
8:20pm • #6
344,391 Points 75 Featured Posts Localism Sponsor Outside Blog

Wow, Carol's success rate is interesting.  I have never seen one work either.  They've worked fine as a tenant, but never closed on the purchase.

In our market, desperate sellers like the sound of it because they think they will have a sale at the end of the rainbow.

I've never heard of that scam, KK.  We are not seeing it here.  It could be happening in the lower end of the market, where there are probably more vulnerable buyers/sellers.

8:26pm • #7
445,315 Points 59 Featured Posts Localism Sponsor Attended Rain Camp

I do lease purchases often and mine always work; just not always with the original buyer. ;-)

A lease purchase is a very good way to sell property you buy for investment because you can sell it this year for next year's price.

The ol "if you don't pay, you don't stay" rule applies to lease purchases as well as conventional purchases.

I do a credit check, reference check, and often an unannounced visit to the current residence to see how my prospective lease purchasers live.

We have a long talk before they move in and they know exactly what the requirements are.

If they complete a year of the lease purchase they are usually easier to get financed because lenders treat their loan as a refinance.

8:33pm • #8

Speaking as someone who's ready to lose her mind while looking for a home, thank you for this very wise piece of advice!

Michelle Schoen
The Permanent Record
http://www.thepermanentrecord.net

10:23pm • #9
570,022 Points 120 Featured Posts Outside Blog

Leigh ~ The practice is very common. I've had people come to me who gave 10's of thousands of dollars for the "non-refundable" deposit, only to find out after 12-18 months they couldn't buy the home.  I don't fault the "real owner" for doing this, but the guys who get in the middle bug me. 

Carol ~ I will look forward to hearing your story...please fill us in!

Maureen Francis ~ Does seem like a numbers game. The numbers are favorable to the seller/leasor.

Jim ~ thanks for the link back.  I ran a search on AR when writing this to try and find other info...it didn't work for the phrase I used.  Glad to hear you have a positive comment on doing these.  My post is more for the consumer.  Guys like you are in the minority...you are one of the good guys. 

Michelle ~ Keep your mind, you will find a house!  Trust me!  It's you that needs to be in the Driver's seat!

Thanks to all for your comments.

kk

10:38pm • #10
733,659 Points 231 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Kristal.... aka KK....  this is a great post. Okay..... I am done. Is this good enough?  lol

 Seriously..... how come I didn't think of this. Numbers and stats are right up my alley. Good post also, because it was different...and some great insight.

11:14pm • #11
733,659 Points 231 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

ooohhhh.... one other thing to add, from a loan officer's perspective.

Realtors and buyers..... rent to own....."lease purchase" options can cause a problem when written this way because a lender will only credit the money that you are told that you are getting because of the lease purchase option only if that rent is provable in that area. It comes down the appraiser doing his job......but also if that property is not over priced in rent.

Example....  I agree to rent your house for $1,500 a month and you are going to credit back $300 a month for the whole year to my closing costs. That would be a $3,600 credit. Well, the appraiser does a rent study and all properties like yours, in the certain area, are renting for $1,300 a month. This means that you will only get credit for $100 a month. Yes.... just $100 a month and there is no way around this unless the seller decides to give you seller concessions. And then this means that I will only get a $1,200 credit. That's a $2,400 difference. ouch....

11:22pm • #12
570,022 Points 120 Featured Posts Outside Blog
JEff ~ good perspective from a lender's point of view.  Thanks for dropping by.
11:40pm • #13
NOV
14
2006
733,659 Points 231 Featured Posts Outside Blog Attended Rain Camp Called Shot Master
My pleasure.... I think everyone needs the facts..... who was that?  "the whole truth & nothing but the truth."?
8:24am • #14
1 Featured Post
This is a very well thought out article on the subject thank you for your insites.
10:02am • #15
3 Featured Posts
I do have a lot to say about this subject but don't have the time (or brain power to do it now).  Will probably let it take on a life of it's own and turn it into a full fledged blog post of it's own.  I'll let you know. 

BTW: This comment gives your blog the honor of pushing me over the 10,000 point level.  YeeHaw.  I know this is small potatoes to someone as prolific as you (Kristal)... but, hey, I'm making progress!
10:29pm • #16
NOV
15
2006
570,022 Points 120 Featured Posts Outside Blog

Christine ~ You are welcome, I appreciate your comment.

 Carol ~ do the blog.  I would love to see another point of view.  I love hearing I stimulated some gray matter.  :)

 kk

Jeff ~ you're back again? Thanks for stopping by.

11:02pm • #17
NOV
16
2006
3 Featured Posts
Kristal.. O.K.  Two blog entries are up on my rants and ramblings about rent-to-own. 
7:27pm • #18
570,022 Points 120 Featured Posts Outside Blog
Carol ~ I added your two wonderful blogs to the
10:17pm • #19
3 Featured Posts
Kristal:  Thank you so much for adding the links to my blog at the bottom of your article.  I am glad you've seen the light.  DEAL?

Oh... btw, I posted the latest mansion photo on my other blog, power lines and all.  
10:24pm • #20
570,022 Points 120 Featured Posts Outside Blog
Carol ~ I still believe in my original post.  What you did is OPEN up another perspective, one that can make money.  Thanks for sharing it.  I'm going to present the concept to my investor tomorrow.
11:13pm • #21
MAR
28
2007

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5:56pm • #22
APR
10
2007
I have just rented a home for three years with the option to buy, and was just recently told that if I do not wish to buy the house I have 30 days to move out.  Is this the legal time allowed?  I do not want to buy the house, because it's a piece of crap, and have been since the day I moved in.  Roof leaking, toilets that refused to work property, and have complained for the whole time.  What so I do, are there agencies that I can report this company too.
Iris E. McCoy
8:48am • #23
445,315 Points 59 Featured Posts Localism Sponsor Attended Rain Camp

The "legal time" a landlord has to give a tenant varies by state and of course, the terms of any lease or rental agreement you may have signed.

30 days notice is typical in my area subject to any lease terms a tenant and landlord have agreed to.

Most rental properties have to comply with local codes; leaking roofs and unusable toilets would not be acceptable in my area.

9:16am • #24
APR
11
2007
570,022 Points 120 Featured Posts Outside Blog

Iris ~ the answer to your question (as Jim Lee stated above) is in your lease and the laws of your state.

Good luck in your endeavors.

kk

11:07pm • #25
OCT
23
2007

Kristal and everyone else.

This is great info.  I have a close friend who is looking into a rent to own home.  Are there any specific guidelines they need to follow?  Like should they get a home inspection? I have heard, once you are in a rent to own situation, you are responsible for the repairs to the home and not the leasor, is that true?
Should they have an actual lender and appraiser involved from the beginning??

Please provide any possible advice from your expertise.  I appreciate this site so much!!  Hope to hear from you soon.

Much thanks!!

Jamie Lynn
10:38pm • #26

Kristal,

Sorry forgot to submit my email address in the previous email regarding rent to own questions!!

Jamie Lynn
10:40pm • #27
FEB
07
2008
the money is in evicting them and finding the next person in line with 10-15k as the non-refundable down. The chances any of them can actually buy is zero. Its all win-win except for the buyer
new age flipper
10:53am • #28
FEB
29
2008
I am a landlord who tried to do a good deed and help a family that was down on their luc kby allowing them to enter a lease purchase agreement. I had told them verbally that I would sell them the house at $90,000 (exactly what we owed at the time) and would finance at 7% (unheard of for people with lousy credit) and apply the amoritized amount toward a downpayment should they decide to purchase. Well the rental contract was for $700 per month even though our mortgages total $973 (out first motgage is $812). Well after the first month they always paid late and 8 months into the lease they did not have their rent. We gave a three day notice to vacate and their parents contacted us and said if they did not have the rent then the parents woud pay. They did for 3 months and then tired of paying so called and told us they could not pay anymore. We gave the family a 30 day notice of intent not to renew the lease because we had not received the current month's rent on January 1 and the lease was to expire February 1. On January 16th we gave them another 3 day notice to vacate and filed an eviction on January 23. They are still in our house and we have not received any rents. The magistrate ruled in our favor at the hearing and we purchased the writ of restitution and the setout on February 13. They filed a request for a stay for an additional 60 days and an objection to magistrates decision. So they are still in our house. We are trying to pay the mortgage on that house plus our own rent on a lease purchase home and it is difficult. The objection was filed a week ago and could take 7-14 days before a judge reviews it. Tomorrow is the third month they have lived there rent free. If I was trying to rip them off on some scheme I would not be so bitter but that was our personal residence and will have to be again since we cannot continue to pay for both properties if we do not lose it in the meantime. I could get a 401K hardship withdrawal to catch the payments up if they would get out and it was our primary residence but because wew are the victims in this case we have no recourse. And you know they will file bankrupcy as soon as we get our judgment and we will never get a dime. Thanks for listening to the other side of the story. So would the lender allow the $405 per month rather than the $200 since the homes rent in the $900 range and we only charged $700? 
Gloria Harper
7:26am • #29
DEC
28
2008

My husband and I entered into a lease purchase agreement they call a "triple net" and we have been here for 12 years, paid on time and have taken on all maintence. The lease was signed by the original owner which passed away 4 years ago. The lease states that we will contiune to make monthly payments to the heirs and assigns of his estate in which we have been doing this to his son. The lease states that we may purchase this property at the end of the 15 year contract agreement for $10. My husband and I have done everything we were suppose to do in fulfilling this contract. Now we only have 40 months left and had planned to buy it but now the heir (his son) says he will no longer carry the lease and we must finiance the remaining balance which is $18,000.00 which does not seem like a lot but my husband and I lost our jobs at a textile mill 2 years ago. My husband also had heart surgery. Things really got hard for us but we kept up with the house payment. Our credit really got hurt when we lost our jobs and we are trying to get it back good. We have tried to finance the $18,000.00 with no luck. Now the question is, does he have a right to just drop this lease and how long do we have to get out? the agreement said the only way we would have to give it back is negelect of property or non-payment which is not the case. we are working again with a good job and trying to get back on our feet.

7:52am • #30
445,315 Points 59 Featured Posts Localism Sponsor Attended Rain Camp

You need to speak to a real estate lawyer and have him or her review the terms of your lease purchase agreement and advise you how to proceed. Realtors are not permitted to give legal advice to anyone.

Generally speaking, the death of one party to an agreement does not typically void the terms and conditions of that agreement.

Son can say whatever he wants but he is probably bound by the terms of his father's agreement just as you are.

The above is my personal opinion only and should not be taken as legal advice.

8:41am • #31
570,022 Points 120 Featured Posts Outside Blog

Jim is correct, you need to be advised by an attorney in this matter.  Best wishes.

kk

10:30am • #32
JAN
27
2009

Is it possible to purchase a home on a land contract before filing bankrupcy in MI without having to claim it when filing.  Also What is the process for the paperwork after ii has been completed by the purchaser, and seller?  Does it have to be filed my a court house or something?

 

Thanks

Debbie
3:51pm • #33
JAN
29
2009
570,022 Points 120 Featured Posts Outside Blog

Debbie ~ You need to contact an attorney in Michigan for your answer.

Best Wishes,

kk

9:31am • #34
MAY
22
2009
MAY
29
2009

I have seen several of these types of deals close successfully.  I think that real key is charging a significant option payment up front.  This provides the buyer/tenant with a large incentive to actually close on the purchase.  The risk of losing that option money creates the motivation for them to actually fix their credit and close by the end of the lease/option period.  I think that there is a lot of potential for these deals to go wrong if that are being done by novice investors or others who are not truly knowledgeable about the process.

3:30pm • #36
JUN
21
2009
118,836 Points

Very disappointed with this post. 

  • Drama-driven
  • Laced with hoaxy scam fear. 
  • The proposed scam doesn't even really make sense if you really take time to think through it.
  • Virtually lumping all rent-to-own advertisements as scams operated by scum investors

Even worse, there are folks commenting that have swallowed the misinformation hook, line & sinker.  You would serve yourselves better by not believing everything you read and taking the time to find a credible source for the topic at hand, especially when it reads like this post does.

Rent-to-Own works, is perfectly legal, all terms can and should be fully disclosed and especially in today's market (I realize this post was started some time ago), is probably an EXCELLENT solution, even for Realtor's if they would just educate themselves and understand the dynamics of the deal.

I state the above having done dozens of successful rent-to-own transactions in the last 5 years.  No, not all of the tenant/buyers purchased the home, but it was due to unforeseen circumstances (job relocation or family tragedy) and never because the rent-to-own deal was bad.  I've only had to evict one rent-to-own tenant (a Reverend believe it or not) who turns out was trying to scam ME!!  I've sold my own properties this way and have matched other Sellers with rent-to-own tenant/buyers.  Many of the deals required extensions and renegotiations...afterall, no one has a crystal ball. 

Communication, disclosure, communication and communication...and finally, anyone who is going to sign any kind of contract should have a qualified attorney review and advise on it.  If you don't, you'll get no sympathy from myself or the courts for that matter when you want to cry "scam" and "I'm a victim".

Also, don't check this advice at the door just because you have a real estate agent representing you.  Double & triple check the contract they've negotiated on your behalf.  Agents make mistakes and/or misunderstand your intentions all the time that can cost you hundreds and even thousands whether your the seller or buyer.

10:23pm • #37
570,022 Points 120 Featured Posts Outside Blog

Shannon,

Perhaps you need to try reading the post before commenting.

kk

10:34pm • #38
118,836 Points

YOU WROTE:

"Popular Rent to Own Scams

 Certain real estate get rich quick schemes teach would be investors to go into a soft housing market looking for homeowners who need to sell their homes.  They contract with the home owner on a long term lease.  Offering the homeowner relief from their monthly obligation to pay the mortgage.  Usually the investor will take out a long term lease with option to buy on the home. 

The investor does not buy the home, but turns around and advertises it for "rent to own" or "lease with option to purchase."  The intent is to find a prospect who is not credit worthy to purchase, but needs a home.  This prospect has little other options and finds the "rent to own" offer very attractive and is willing to pay a little more in hope that someday soon he will be able to purchase the home.

The problem is, unless the prospect has the desire and ability to clean up his credit, he will not be able to qualify to purchase the home.  So who wins?  The guy who is leasing the home.  He walks away with a hefty deposit and perhaps a premium on the rent his was collecting.  He does this without ever actually owning the home. 

These investors types do this over and over again. They get enough properties leased at a premium, they risk very little."

  • Check out my profile to see all the investor training that I've gone through and invested in.  Some of it was junk, most of it was not.  Never have I come across anyone teaching what you are describing in the 1st paragraph.
  • Paragraph 2 - are you saying that the investor is misleading the Seller in that they (the investor) are moving into the property themselves and going to buy it themselves, but behind the Seller's back they are putting someone else in the property?  We've done several of these "Sandwhich Lease Options" with full disclosure to the Sellers.
  • Paragraph 3 - you don't think putting anywhere from $3,000 to $10,000 down that is non-refundable and can only be used for the purchase of the home a big enough desire/incentive for someone to ultimately purchase the home?  Who wins?  How about the Seller who doesn't have to foot two mortgages anymore or the seller who can downsize/upsize because his house is a performing asset or the seller who can't do the repairs needed and rents-to-own to a handyman...the scenarios go on and on where EVERYONE wins.
  • Paragraph 4-same could be said for real estate agents who list properties.  They risk very little and if they get enough listings at some point a commission will develop.  They do this without ever actually owning the home either.  Why does it seem okay for real estate agents to make money off of other people's property and not investors?

 

10:43pm • #39
118,836 Points

KK, I have read your post, several times before commenting.  Just stating how it reads from a company's viewpoint who is actively and successfully transacting win-win-win rent-to-own transactions.  I respect your status here on AR and understand that folks reading your post will take what you write as an authority on a matter that doesn't appear to be your prime area of experience and therefore difficult to provide a balanced viewpoint.

11:00pm • #40
MAR
06
2010
2 Featured Posts

Hmmmm....I get the impression that there are SOME good points to this article.  The part I like best is finding a way to qualify a would-be buyer using his/her income instead of credit.

I also agree with you that many sellers do not choose this method first.  They would rather sell the property outright--not always but often.  Usually, the sellers turn to this method to open themselves to a new market (those who do not qualify for credit).  The downside for the seller is the he/she does not receive all of the money immediately.  Done properly, this is actually a benefit to the seller since it provides immediate cash (albeit a smaller amount) while providing positive cash flow for one or two years.  This doesn't work for every seller, but it could work for some, if not many.

I'm not so enthused about your proposal for the landlord to charge a final buyout price of 10% above today's market value.  This seems to take advantage of the motivated seller.  I don't blame you for this, but I don't see the motivation for me as a theoretical seller, unless my circumstances make me a motivated seller.

I also don't see why you dislike the middlemen.  This seems similar to a grocery store buying things from the originator and reselling them to the public at a higher price.  Actually, it's more like an agent who arranges the entire thing, making money on a transaction without risking any.  Is this a bad thing?  If so, why?

7:18pm • #43
2 Featured Posts

I should add that I really do like the MAIN point of this article.

While it may be profitable, it is not very good business to put someone in a losing position fully knowing what you are doing.  I like the emphasis on ensuring the buyer's abilty to maintain that payment.

A mortgage person I know always advises clients who current rent but want to buy to "play house."  This means that the client sets aside the amount of money required to pay for the mortgage each month.  Try this for a couple of months and see whether you can live with this change.

The same advice applies to Land Contract or Lease Option buyers.

I'm sorry that I understated that point on my last comment post.  Overall, I think this Kris did a good job writing this article.

7:24pm • #44
JUN
06
2010

I'm looking to JUST rent. All the good deals, in terms of monthly amounts are rent to own. If I do not plan to buy in the next 4 years, is RTO practical?

 

liza
12:34pm • #45
118,836 Points

Hi Liza #45,

For you RTO is probably not practical.  Unless you feel savvy enough to lock in a good option price (for a low option fee) for the longest period of time and find someone to purchase at a higher price before your option expires.  In that case, you'd make the difference between your option price and the final sales price. Totally legal and we've done it a few times, but you've got to make sure your contracts are correct and clear.

Some on this thread use lease option and lease purchase synonymously which is wrong...they are two very different strategies with very different contracts.  The above strategy would not be possible with a lease purchase which obligates YOU to purchase, rather than just giving you the OPTION to purchase.

 

 

1:11pm • #46
DEC
27
2010
153,856 Points

Old School Rent-To-Own:

Rent below your means today. Pay your rent.

Use the extra money to pay your bills, repair your credit, accumulate down payment and closing costs.

Once you have accomplished the above go buy.

This works 100% of the time it is followed. 

 

Seller's Version:

As Jim Weichert said, "Anything with a door on it can be sold."  For the right price. If you want to sell then get your idea of price in line with the market's.

If you aren't trying to sell you should just be straight leasing.

11:23am • #47
JUL
24
I am looking for a place to rent. We first wanted to buy and do a USDA loan. But we decided that renting would be better right now for my family. We have one week left to find a place and I'm stressing, so I was thinking about the rent to own. But after reading this I am not sure about it anymore. Also I was thinking what if the landlord stopped making payments on the house you are renting to own, what happens then? I asked this because we were in that situation with another landlord.
Liza
7:49am • #48
118,836 Points

Hi Liza,

We hear about that situation a lot, and I'm sorry you had that happen to you.

Since tenant/buyers are putting down a down payment, it's not fair if the owner lets the property go to foreclosure before the tenant/buyer has the opportunity to buy it per the terms of the agreement.  Therefore, we had our attornies put in our contracts a special clause that the Seller needs to provide proof of mortgage payment each month and/or provide proof of it being current upon the Tenant/Buyer's request.  If the seller doesn't respond, they can contact us and we have authorization to contact the lender to check on it's status.  Should the seller be more than 30 days late and the rent is paid current from the Tenant/Buyer, the Tenant/Buyer can demand their full down payment to be paid in a specified time.  It's one of the few circumstances where the down payment could be refunded.  Typically it's strictly non-refundable, but we do outline a couple Seller breaches that would specifically get the tenant/buyer's right to a full refund.

Although one thing that could happen in that worst case scenario that you describe:

  • You pay your rent
  • Owner allows it to go to foreclosure by not paying the mortgage with your rent
  • You prove you are a bonafide tenant to the new owner (the bank) and it is my understanding that the bank has to honor the lease.
  • Assuming that is true, you should not be put out of the house, but you will have to start making payments to the bank vs. the foreclosed owner.
  • Bank now owns the property and may very well be willing to sell it to you for FAR less than what the original owner was willing or able to.
  • Could turn out to be a blessing in disguise if you are close to lendability.
The key to all this is making sure the bank honors your lease when they take the property back.  I would definitely seek counsel to make sure that happens, especially if you decide to withhold any payments to the owner going in foreclosure...maybe put it in a separate account ready to pay the proper person once that is determined.  Technically, the owner still owns the property right up to foreclosure, but after the sale, the owner is the bank.
 
Hope that helps!
2:26pm • #49
NOV
28

Hello,

I'm Veronica. My husband and I saved up some money in hoping to buy a home. Needless to say our credit is not good. More of no credit. So we cant get a loan. I thought of the rent to own homes. All of the online company seem to be a scam. I'm not sure. I'm hesitant to give out my credit info to one of those companies. Can someone please help us find a company to work with. We have 5 children. I really want them to grow up in a house not a apartment. Please help.

Thank you,

Veronica (California)

veropit81@gmail.com

 

 

Veronica
9:48pm • #50

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