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Danger of Lease-Purchase in a Declining Market

By
Real Estate Appraiser with North Country Appraisal Services

Just completed a VA appraisal report for a veteran who had entered into a lease-purchase two years ago.  Unfortunately, the value is nowhere near the price set at that time - 24% lower!  This would not have happened 10 years ago when market values were steadily increasing.  But during the past several years, such transactions have become questionable.

The first error was failure to attain an appraisal at the time of the original agreement.  The overall market has not declined 24% which leads to the conclusion that the original purchase price was beyond the actual value.  An appraisal was not done because it was not required and the borrower was trying to save money - which may have cost considerably more 2 years later.

At this point, the seller will need to reconsider the selling price, the borrowers come up with additional down payment, or the deal's done.  Both parties have exposure since the seller would have to go through an eviction process to relist the home which would not sell because it would be over-priced.  Secondly, the borrower, in the lease agreement, had $250 per month being attributed to down payment for 2 years which totals $6,000 and could stand to lose it. 

Just another pitfall in today's real estate market.

Comments (5)

Eric Rogers
Century 21 Pro-Team - Aurora, IL

Yikes - I hope they had an attorney prepare the lease-purchase agreement.

May 09, 2011 11:42 AM
Mary Ann Daniell Realtor
Coldwell Banker United, Realtors - Subsidiary of NRT LLC - Killeen, TX
Delivering Successful Results Since 1999

I was about to say the same - sounds like a trip to an attorney should be scheduled right away to sort all this out.   AND if I may say, personally I hope the seller is reasonable.. for the buyer to pay more than market value in this economy is a scary proposition.

May 09, 2011 11:46 AM
Janna Scharf
Keller Williams Realty Coeur d'Alene - Coeur d'Alene, ID
Coeur d'Alene Idaho Real Estate Expert

How right you are.  I listed a home that had been under a lease option which the buyers had put down $5000 option money.  When it came time to exercise the option, they tried to get a mortgage and the appraisal came in substantially lower.  They forfeited their $5,000 and got a great comparable home for about $15,000 less and better than the house they had lease optioned!  They were still way ahead.

May 09, 2011 11:53 AM
Jesse Skolkin
Independent New York State Certified Real Estate Appraiser - Fresh Meadows, NY

At least they saved $400 on the appraisal fee.

May 09, 2011 11:18 PM
Craig Chapman
Call Realty / Access Appraisals - Mesa, AZ
The Value Guy

Another danger in this kind of a deal, is that the buyer winds up paying way over the market value due to what I call the "rubber stamp" appraisal that always hits the sales price, even when its not supportable.  It just happens too often, & it shouldn't.

It appears that too many buyers agents are afraid to or don't know how to properly comp a property & advise their clients of a realistic offer price. They perhaps get too caught up in the "got to get this one' mentality, & become a dis-service to their client.

May 16, 2011 04:42 AM