A Consumers Guide to Buying And Selling With Lease-Options # 1
This is the first of two articles on purchasing and selling
single family homes with lease-options. We're going to examine
buying on a lease-option, selling on a lease-option, and in
article # 2 how to successfully buy and sell on a lease option.
Lease-options have spurred the imagination of would be buyers
lacking the cash, and/or credit and more importantly lacking the
knowledge that almost everyone can own their own home and/or
investment properties. Also, promoted to those would be
investors who lack the people skills or time necessary to be a
landlord, but still want most of the benefits of real estate
ownership without the responicabiltys!
Lease-options are real estate tools used by the good and the
evil among us. Most lease-options are an agreement between good
and evil people. We all know far to many real estate people who
believe you only get rich by taking the suckers money, most
people who attempt to buy on lease options are simply donating
money to these sellers.
In my book "One House At A Time /Finding And Buying Single
Family Rentals" I spend a lot of time on the option scam as
presented to real estate investors. I say scam because in my
experience these lease-options seldom result in a new home
owner. But, I've only been in lending and real estate for 35
years, may be when I get more experience I'll change my mind.
Even when good people try to help each other lease-options
seldom turn out that way. They can work but they must be done
right from the beginning, I included instructions in the book.
Before I offend you any more I need to define my terms.
"Guru," a Hindu spiritual leader or any unusual teacher. There
are "Gurus" in all fields of life, but thanks to TV infomercials
most of us think of real estate investment instructors. Not all
"Gurus" are bad, thanks to my classes and writing I'm a real
estate Guru.
"Option," the purchased right to purchase property. A type of
sales agreement that obligates the seller to the buyer, but not
the buyer to the seller. When use properly a great and powerful
real estate tool. In the book I strongly advocate the use of
short term option's in lieu of sales agreements whenever
possible.
"Lease," a rental agreement for any property real or personnel.
Most often used with reference to rental agreements for more
than one interval, i.e.,: a one year lease calling for 12
monthly payments. The most common real estate contract.
"Lease-Option," a combination of the right to purchase, with a
rental agreement. Like a mule it can be a powerful tool. Like a
mule it's flawed lacking the sleek beauty and speed of a horse
or the friendly cuteness of a surefooted donkey. All to often
lease-options involve getting screwed by a jack ass.
"Scam," anything that purports to do one thing while obviously
doing something else. Scams are normally immoral, but often not
illegal. Scammers can often provide antidotal evidence that
their program works, leaving out that it probably won't work as
presented for you.
"Sucker," those dreamers who think they're going to get
something for nothing. Those people who buy the programs about
buying on lease-options. The victims of those people who bought
the programs on selling on "lease-options."
Traditionally lease-options were offered by sellers who needed
to entice a tenet to rent their property at a premium price,
with or without an up-front payment to the seller. More recently
lease-options are used by sellers who have to wait out a
prepayment penalty. Sellers believe that a tenet with an option
to purchase will take better care of a property they may someday
own.
To protect yourself from being a scammer or being scammed you
need to determine what's in the deal for the other guy, and what
you hope to gain.
Landlords/sellers:
1. A better tenet is a good reason to offer a lease-option.
When the lease is what, we call "triple net," where the tenet
takes care of the property and pays for everything you're almost
out of the landlord business.
2. Sub-prime and/or adjustable rate mortgages often have
"prepayment penalties," a lease-option with a good buyer, having
made a sufficient up front payment can be a good way to wait out
the penalty. See #1.
3. You need money now and are willing to trade equity for the
cash. You need more monthly income than the market rent will
provide.
4. The down side:
a; You're committed to sell the house at a fixed price.
b; During the term of the option you'll not normally be able to
refinance or sell the property.
Tenets/buyers:
1. You'd like to buy the house, but for some reason you can't
commit at this time. IE: You haven't sold your old house yet,
your new job is tentative, in the near future you'll qualify for
a much better loan.
2. You want to tie up the house you're renting, so you can buy
it later for whatever reason.
3. You're going to, with the owners permission, substantially
improve a house ( like, repairing an older home, landscaping a
new home) and you want to protect your investment.
5. The down side:
a; If the option requires a substantial up front payment, or
monthly premium you're likely to lose it.
b; If you don't qualify for a mortgage today you're not likely
to a year, or two, or three from now, either!
c; Your lender may not recognize your equity. Don't mistake this
with losing your equity, but the lender may not use the current
market value of the house or your credits toward equity, when
determining the loan to value.
d; You're committed to this house at a set price. If for any
reason you don't buy this house, you lose your money!
e; If you're ever late with a payment you will probably lose all
your money!
Many, if not most, Gurus who advocate selling on lease options
teach Landlords/sellers:
1. Take a large up-front option payment, and a large monthly
premium.
2. Included a provision canceling the lease-option if the
payment is received in as little as ten days late!
3. Demand payments in person.
4. Make yourself hard to find!
5. Evict!
6. Resell!
7. In a good year you can sell the property twice with
substantial non refundable up front payments! In a great year
three times!
I've tried to sum up several chapters in one short article
lease-options are a tool, akin to a handgun! At one time
lease-options can be a great benefit, fun, even sexy.
Lease-options can be great protection, for a tenet. Finally
lease-options in the wrong hands can do great evil!
Three final notes for would be tenets/buyers:
1. Never turn down a free or low cost option.
2. Never, never, never let an option expire without getting the
property appraised. What you have thought was outrageously
expensive might be a real bargain near the end of the option.
3. If you do want to use a lease-option watch for "A Consumers
Guide to Buying And Selling With a Lease-Options # 2." There are
things you must do at the start of a lease-option if the lender
is to recognize your equity an the time of purchase.
Copyright 2005 William J Archambault Jr