Special offer

Don’t do a lease option without representation

By
Real Estate Agent with eXp Realty LLC 200311024

Recently, here in Oregon, we had a lady that was finding vacant homes that were for sale and posing as the owner. She was advertising that she was doing lease options and meeting potential buyers at the home. She would collect a large upfront option fee and first months rent and let them move in. The problem is, she wasn't the owner, and at the next showing it was found out that she wasn't the owner and the dream of home ownership was gone along with their money.

 

How could this be avoided? First, if the buyers had been working with an agent, that agent would have done a little work, like doing title searches, and gotten a disclosure form from the so called owner. That in itself wouldn't have been complete protection, but since these homes were being represented by an another agent, we would have found out by talking to the other agent, that this person claiming to be the owner was, in fact, not the owner.

Now had this been a "For Sale by Owner", the buyer, being represented by an agent, would have had the protection in that the buyer would not have written a check to the seller directly, and the money would have gone through a title company that would have required proper identification to close. During that time, in most cases, the truth would have come out. If they had an agent that set this up properly, they agent would have required the option money to be paid in to an escrow fund that would only be allowed to be dispersed at the end of the option, so the con-artist wouldn't have gotten that money. Then the escrow service would be paying the mortgage, taxes and insurance for the owner and after that had all been paid, only the remaining amount would have been given to the seller. So the most the con-artist would have gotten of the money would be a couple hundred dollars instead of $5000-$6,000 from the buyer.

As you can see, if any of these buyers would have used the representation of a qualified real estate professional, who understands lease options, they would have been protected all the way down the line, making sure that even it had been the real owner, it would have been set up to so that the first thing that is paid is the mortgage and taxes before the seller!

So protect yourself and use a qualified real estate professional and you won't lose your money and your dream of home ownership. Lease options are a great way to build equity and credit while realizing your dream of home ownership.

                                                                 

For more information on lease options or owner financing, please feel free to contact me anytime via e-mail or by phone.

Comments(14)

Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer
Another thing that has been happening with Lease Options in my neck of the woods is that the funds aren't being escrowed and foreclosures are happening.  Just another reason to work with an agent who knows the market :)
Nov 25, 2007 03:35 AM
Allen C. Wright
RealtyU - Aliso Viejo, CA
NS, AHS, REPS
Great point Todd ... in the current California market you are seeing a lot of OPTIONS and people should know what to look for before signing any paper work.
Nov 25, 2007 03:35 AM
Fran Gaspari
Patriot Land Transfer, Inc. - Limerick, PA
"The Title Man" - Title Insurance - PA & NJ

Todd,

Excellent advice especially in this age of 'stolen identity' and 'privacy violations'...Thanks,   Fran

Nov 25, 2007 03:36 AM
Scott Daniels Florida Real Estate 2.0. Agents Earn 100% Commission.
Florida List For Less Realty, Inc. Broker/Owner. - Cooper City, FL

Todd,

Three years ago we had a lady who was doing the same exact thing in Florida. One of our clients called me to tell me about this women.I checked her out and promptly notified the police.

She was arrested for fraud.

Nov 25, 2007 03:51 AM
Jennifer Monroe
Indigo Home Team powered by Compass - Charlotte, NC
Real Estate REALTOR®/Broker/Designer
Todd... is that really your card? If I give you mine, will that hand hold it up there too?
Nov 25, 2007 05:02 AM
Tom Braatz Waukesha County Real Estate 262-377-1459
Coldwell Banker - Oconomowoc, WI
Waukesha County Realtor Real Estate agent. SOLD!

Hi Todd,

What a wild lady she must have been. Isn't it amazing the level someone will go to, and where do these people get their morals and standards from? Hope you had a great Thanksgiving.

Sincerely,

Tom Braatz

Nov 25, 2007 05:23 AM
Jon Mitchell
Classic Property Management - Santa Clarita, CA
Wow!  Sneaky sneaky... There are some crazy scams out there!  This is the first I have heard of this one though.  You are right.  It definitely pays to have a professional in your corner.
Nov 25, 2007 06:12 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Renee - This is one of the first things I do is make sure an escrow fund is set up that pays PITI first, then the seller from what is left over.

Allen - It is dangerous if you don't know what you are doing. It isn't like a normal transaction. If the paperwork is done wrong you could lose a lot of money and your dream home.

Fran - I love to hear this from the escrow side! Most don't realize how important it is to use an escrow company in this kind of transaction.

Scott - Your client did the right thing taking that extra step, most don't though.

Tom - They don't have any, that is the problem.

Jonathan - With you in the rental market I'm surprised you haven't! With a for rent sign out front, I think this would almost be easier.

Nov 25, 2007 04:10 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!
Todd- Yes, you sure do need representation by a licensed real estate agent, and IMO it should be a full service agent. My brother and his family live in Beaverton. My brother is an attorney. Katerina
Nov 25, 2007 04:24 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

If I am not mistaken, in Florida we are not allowed to right option contracts, though I would not bet on it. I think, in this case we have to use the attorney.

But it is fascinating that people would find every opportunity to screw others. Unbelievable!

Nov 25, 2007 04:58 PM
Christopher Fritts
Realty World Pacific Northwest - Longview, WA
GRI, CBR, REI, PME, RECS
Todd....the very same thing happened here in Cowlitz County, WA about 6 months ago. Being this close to your area, I have to wonder if it was the same person because it was a female and it was exactly as you had described.  To my knowledge, she is still "at large".  Do you know if she is in custody in Oregon? 
Nov 25, 2007 05:07 PM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Todd Clark (Realtor), GRI (Washington Co, Beaverton, Oregon) - Great advise.  What this makes me think of is identity theft, in this case the criminal is assuming the identity of the owner of the property - can you imagine if they brought in a contractor.

In my area, people are coming to abandoned homes as if they are job sites and stripping the houses in broad daylight - taking out cabinets, plumbing fixtures and even carpet.  Go figure.

Now Have a Blessed Day,

John Occhi, Hemet CA REALTOR®
Mission Grove Realty

Nov 26, 2007 01:49 AM
Suzanne Sands
Pavao Real Estate - Somerset, MA
Somerset MA Real Estate

Hi Todd,

It amazes me that there is always a new scam to watch out for, good advice for consumers. Btw, I love your graphic! :)

Nov 26, 2007 02:02 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

Katerina - Is he a real estate attorney?

Jon - I would be surprised if you can't. Because I know you can do owner financing and you can rent properties. Combine the two and you get Lease Options. (I can put you in contact with my mentor, who lives in Florida, I know he would know!)

Christopher - She has been arrested!

John - OK, that is even scarier! Almost no way of getting caught.

Suzanne - Thanks and as soon as one scam is discovered, someone else seems to find a new twist.

Nov 26, 2007 04:51 AM