While out showing homes on Saturday, I approached a particular house that was previously 'vacant' and staged.  I'd previewed it earlier in the week, and was quite impressed.  Much to my surprise, there was a U-Haul truck right in front of the home.  So, we approached the front door and noticed a family was moving in... Well, last I checked (on the 29th) it was still "active' -- so, how did it close escrow so quickly?

The answer was a bit surprising to me.  The people moving in said they were going to do a Lease-with-Option to Buy on the property.  Hurrah for them -- they've just bought front row seats on the Titanic, and the home seller is sitting next to them!

Let me explain myself.  The home in question is 4 bedrooms, 2.5 baths with 2,298 sf in Camarillo, CA.  It was very well-priced at $638K, much lower than the $675-699 "dreamers" in the same class.  Does it back out to a busy street?  Yes -- but they've added double-pane windows to the home and lots of planting to absorb the traffic noise.  Getting back to my point...

In another year, when the renters/buyers try to exercise the option to buy the home, it will very likely have dropped another $50-75K, or more, in value.  In Camarillo, we are experiencing a substantial 12-15% drop in median home prices year over year.  So, then this time next year if the market continues to fall (and there is no evidence it won't!), the home will not appraise for the purchase price -- the buyers will forfeit their deposit (ouch!) -- PLUS, the seller will have a lot less equity than they started out with today (ouch!).  Sure, the seller can keep the deposit -- but now, in '08, they'll have the home right back on the market, with the flood of foreclosures we expect to have beginning this month.

So, we've all heard of Win-Win.  Well, watch out Buyers and Sellers.  The Lease-with-Option, in today's rapidly declining market, is really a LOSE, LOSE for both the Buyer and the Seller...  In other words, the Lease-with-Option is NOT an option!  Don't let your realtor convince you it is! Stand tough, price it well and get out while you have as much equity as you do!  Save the deck chairs for the stubborn sellers that still don't get it!

 "Active Rain members are not qualified to give legal or tax advice and Active Rain does not guarantee the accuracy of its members' information. All readers/clients are strongly urged to contact a real estate attorney or certified public accountant to obtain legal or tax advice specific to their personal situation."

 

6 Comments on Lease-with-Option to Lose

OCT
01
2007
127,840 Points 2 Featured Posts Localism Sponsor Outside Blog

Hello Barry,

Great topic. I will be forwarding this to my father In -law that wants to lease his home in Illinois and just move to California and "wait" for the values to return.

11:30am • #1
OCT
12
2007
861,051 Points 68 Featured Posts Outside Blog

Barry - Lease options can be a great thing in the right market. You are right in your market, it just doesn't make sense and I would never attempt it. With values dropping that fast in your area, I'm still trying to figure out why anyone would buy a home with lease option or not! I specialize in lease-options and owner financing and it can be a win-win if the market is right and you have a situation that it can be done. The situation you describe above is foolish for both buyer and seller!

12:10am • #2
AUG
16
2008

What about rent-to-own, or is this the same thing? My son would like to buy a home in Ventura county where he & his fiance work and tires of renting and thus essntially paying someone else's mortgage. They are likely to stay in the area for the long-haul.

Carol
10:02pm • #3
Localism Sponsor

Hi Carol,

The main point is that in the event your son and fiance LEASE-WITH-OPTION to buy, they cannot possibly SET THE SALES PRICE TODAY, if you based it on today's appraised value.  If you ask a seller today to accept $50K UNDER their APPRAISED value, of course they will respond negatively.  Additionally, if your son and his fiance commit to buying now, and they cannot possibly get a loan later (due to the home not appraising), the seller is "stuck" with a devalued property and your son/fiance accomplished nothing more than paying "someone else's mortgage"

I do have a Seller with a condo in Agoura Hills, www.AgouraHillsCondo.com that would be willing to do a rent-to-own.  That is, a portion of the rent, say $300/month will apply to the purchase in, say, 3-5 years from now, at the actual FUTURE APPRAISED VALUE.  Your son will have a "down payment credit" of $10,800 in 36 months.  Let me know if that is something they would like to pursue.

Otherwise, think of HOW MUCH MONEY THEY ARE SAVING by renting (instead of watching their equity disappear)!!!  Check out my website to see how much homes have declined in value since 2006.  I expect the trend to continue, but to a lesser degree.

Call or email me if you should have any more questions.  My advice is always complimentary.

10:30pm • #4
DEC
03

So what would be the difference between a lease-option and a lease-purchase?  My seller is considering this for his condo, the buyer wants to close within 6 months.  I don't feel good about the whole situation!

1:42pm • #5
Localism Sponsor

If the property you reference should (continue to) decline in value, you will have major appraisal issues and the Seller will be unhappy because they would have lost equity that may still be present today.  In California, we have a Market Conditions Advisory, which the Buyer signs.  In your case, I would recommend BOTH principals sign a similar document.  Good Luck and stay Kellerized!

2:05pm • #6

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Barry Shapiro

Camarillo, CA

More about me…

Keller Williams Realty

Address: Local Office:, 360 Mobil Ave., Suite #205F, Camarillo, CA, 93010

Office Phone: (805) 777-7777

Cell Phone: (805) 405-0930

Email Me

Barry Shapiro specializes in assisting Camarillo homeowners find an alternative to foreclosure - through a loan workout, loan modification or Short Sale. Barry also guides potential new homeowners through the process of buying a home in today's uncertain marketplace.


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