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NASQT: Will the Owner Consider a Lease With an Option to Purchase?

By
Real Estate Agent with eXp Realty

NASQT:  Will the Owner Consider a Lease With an Option to Purchase?

This question pops up every now and then.  Usually from prospective tenants that really want to rent a home and they want to ensure that they have the best opportunity at being offered the unit if the owner agrees to a lease with an option to purchase.

The single most misunderstood factor with regard to a lease with an option to purchase revolves around the following terms:  security deposit, down payment and lease option payment.  Usually after I address this concern, the lease with option is no longer a part of the conversation.

When someone inquires about a lease with an option to purchase, the first question that I ask them is "how much of an option payment are you working with?"  The usual response is "huh?"  This lets me know that the person really doesn't have a clue about what a lease with option to purchase really entails. In Alabama, the option payment is usually more significant than a security deposit and oftentmes a security deposit is required in addition to the option payment.

The option payment ensures tha the seller will not sell the home to anyone esle as long as the lease option buyer has the option to purchase and has not violated the terms of the the lease option agreement.

In Alabama, the lease and the lease with an option to purchase are usually two entirely separate documents.

One of the first questions that I get (after will the owner consider a lease with an option to purchase) is how much is the down payment? When working with a lease with an option to payment, there is no down payment.  Instead there is an option payment which goes directly to the seller and does not have to be held in escrow and is non-refundable.  In a true lease with option to purchase, the option payment is not applied to any future purchase as a down payment.  Inquirers are usually outraged by this fact, as they have been misinformed or have been long time believers of urban legends regarding how lease options work.  Down payments are associated with lease purchases.  NOT lease with options to purchase.

I usually tell people that if all they have to work with is a security deposit, then perhaps they just consider renting without the option to purchase because in fact, that is all they will really be doing.

Many of our Bham WIiRE Rentals are available for lease with an option to purchase.

More info on lease with options to purchase

Laura Reilly
Real Living Real Estate Professionals - Redding, CA
Home Sales Realtor - Short Sale Team Member - Redd

This is great information. I have had a ton of buyers wanting to do this lately. And I can understand why! Do you think it's the wave of the future?

Jan 06, 2011 02:25 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Laura In places like California, I think it has been popular for many, many years.  But I don't think it is the wave of the future.  I actually think it is time for "its time to pass" since they rarely actually lead to a purchase and sale.

Jan 06, 2011 02:35 AM
Christine Smith
Buyers Brokers Only LLC - www.BuyersBrokersOnly.com - Canton, MA
Exclusive Buyer Agent & Attorney, Canton, MA

This is an excellent clarification of the details.   Most people don't understand that the Seller/Owner will want something for that option.  I had a client ask me about this possibility recently but I haven't run into many Sellers who want to consider it.  Most need/want to just sell.

Jan 06, 2011 04:44 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Your second paragraph sums it all up: 

The single most misunderstood factor with regard to a lease with an option to purchase revolves around the following terms:  security deposit, down payment and lease option payment.  Usually after I address this concern, the lease with option is no longer a part of the conversation.

And there is all kinds of stuff in between.  Better to save the money than pay the lease option payment.

P.S.  The photo is adorable.  I wondered if you had the Benjamin Button cold ;-)  But, that's your adorable grandson.

Jan 06, 2011 07:56 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Christine even some seller don't understand it even when they THINK they want to do a lease with option.

Exactly Carla.  That's why I like to address it first so that I can move on to ways that I might really be able to help them.  Just the mention of Benjamin Button makes me want to cry.

Jan 06, 2011 08:25 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Charita, 

Excellent info!  Even after handling leasing for 10 years, I've yet to write a lease/option.  I have had a number of tenants buy the houses, as they have decided they like the house and neighborhood and we were able to work out a price with the owner.  

All the best in 2011, Michelle

Jan 06, 2011 02:28 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Yup, makes me glad I refer out leases.

Jan 07, 2011 04:29 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Michelle most times I just come right out and suggest that they just rent the home.  After 5 years, I have never had a discussion end with a lease option in place.

Tammy I am sure that it does. 

Jan 07, 2011 04:54 AM
Ellie Penaranda
239.776.5077 Downing-Frye Realty - Naples, FL
Naples Florida Real Estate - Waterfront & Beach Co

Charita, I can't tell you how many times I had to address the Lease Purchase vs. Lease with Option when I was in VA.  You summed it very well.  Florida having its share of cash transaction, I have not had to deal with this subject for a while.

Jan 07, 2011 04:59 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Thanks Ellie.  In many ways I wish that I did not have to address it.  But the upside is that I get to let people know how a legitimate lease option or lease purchase is often structured.

Jan 07, 2011 05:01 AM
Scott Hayes
(512) 786-8300 - Austin, TX
Realty Austin, Broker Associate

Great information Charita. And that new picture threw me off for a while. Your grandson is a sharp looking little guy.

Jan 09, 2011 04:58 PM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Thanks Scott.  He's  sharp little dude and funny as all get out.

Jan 09, 2011 11:01 PM