Individuals
Individuals often offer their homes for sale on a Rent To Own basis after they
have attempted unsuccessfully to sell it on a standard basis. Today’s buyer’s
market has made Rent To Own homes much more popular. People sometimes
find themselves in a situation that they need to sell within a certain time frame or
have some cash flow relief. There are a number of valid circumstances in which
this can occur including:
• Move Due To Job Change
• Purchased Another Home and Now Have Two Payments
• Health Conditions, Death, or Disability
• Under Contract To Purchase Another Home
• Inability to Afford Rising Payments
Don’t be afraid to ask your seller why they are offering the home for sale on a
Rent To Own basis. When dealing with individuals you should be on guard for the individual that is
asking more than market price for their home. With declining values in some
areas and the recent popularity of 100% loans many people have found that they
are so “upside down” in their homes that they cannot sell them and break even.
Knowing the underlying financing and liability of the home you are purchasing on
a Rent To Own basis can give you a good indication if the home will qualify as a
feasible option for you as a buyer.
You can have a realtor do area comparables for a rough idea of the market value
of the home you are considering or you can pay for an appraisal before you
commit yourself to purchase the home. A CMA (Comparative Market Analysis)
from a realtor can be done in a minimal amount of time and usually at no cost. An
appraisal can cost into the hundreds of dollars.
Being aware of your home value
up front can save you thousands down the road.
If the home you are considering is selling for market value you also need to
consider the trend in the area. Are home prices increasing or declining? You
should try to adjust your sales price at the option date to reflect the area market
value. No matter how much you like the home, no bank is going to lend you over
the appraised value on it.
Always Verify Your Seller’s Financial Condition
Be assured that they are going to ask about yours. Your seller should have
acceptable credit and mortgage payment history or a good reason why they do
not.
In a standard sale situation your seller’s financial condition does not matter. If
you seller’s title is clear, you use proper closing procedures, and you pay for the
property, it is yours. With a Rent To Own or Lease/Purchase situation you may
have a one to three year period in which your seller’s financial condition may
affect your transaction.
No matter what type of seller you are dealing with you should always check to
make sure that the property has no liens, judgments, or encumbrances that
would prevent a sale at the option time. A title company can do this for you.
Make sure you are talking to the actual owner. It may sound silly but you should
always verify that the person you are dealing with actually owns the home. There
have been cases that involved renters and other non-owners offering to sell a
Rent To Own home that they do not own.
Real Estate Investors
You may want to begin by asking this question when dealing with a real estate
investor:
Have you sold this home on a Rent To Own basis before?
If the answer is yes this may indicate that they sell homes to unqualified
candidates on a regular basis and depend on the seller to default in order to gain
their Option Fee.
A positive response does not always mean that this is the case. If they indicate
that they have sold the home on a Rent To Own basis that did not work out then
you may want to ask them what happened. There are many legitimate reasons
for a Rent To Own sale not to go as planned. Make sure you are satisfied with
theirs before you go any further.
If you are dealing with an investor that sells their homes regularly on a Rent To
Own basis ask them for references. In addition be wary of the Real Estate
Investor that asks for more than the standard 3-5% Option Fee. Remember that
this fee is lost if your sale does not take place.
Builders
If you are dealing with a builder you should verify that your home is not part of a
package construction loan that covers more than one property. You can also
verify in writing with the builder’s lender that your home will be separated from
that package.Entire subdivisions have been sold on a Rent To Own basis and all of the
tenant/buyers have been required to move due to builder foreclosure.
Make sure
that any builder or developer that you deal with is solvent and the home that you
are lease purchasing is not part of a package loan.
If you are purchasing a home from a builder make certain that it is completed. If it
is not completed make sure that you have the terms of completion are in writing.
Also remember that just because a home is new does not mean that it will
appraise for it’s asking price. Have a realtor give you a comparative market
analysis (CMA) on the home or pay for an appraisal before you commit.
Regardless of which type of seller you are dealing with there are common pitfalls
to avoid when purchasing a home on a Rent To Own basis.
Negotiating Your Terms
While you can offer the owner of any property the option to purchase it with a
Rent To Own agreement, certain prospects are better than others. Individuals,
investors, and builders are using lease purchase agreements more and more to
sell homes that they otherwise could not move. Homes that are already for sale
on this basis are much easier to Rent To Own than those that are not.
There are times when the owner of a home has not been able to sell the home
and has already purchased another or is paying a payment on an empty
property. These situations are often the best prospect for a Rent TO Own
arrangement.
If you find a home in the area that you are looking in that has been for sale for
over six months and is also vacant you may want to contact the owner to see if
they have considered a Rent To Own or Lease Purchase agreement, If you are
approaching the seller be candid about your situation whether it is a credit issue,
coming up with a down-payment, or whatever your circumstances may be.
Let them know that you are interested in purchasing the home but that you would
have to have a short lease period before you could purchase the home outright.
Chances are that if the home is not already for sale on a rent to own basis that
they have not considered this option. Give them a general idea of your terms and
ask then to get back to you but let them know that you intend to purchase a
home within the next week or two.
Make several contacts such as this and wait for their call. Chances are within two
weeks you will have several prospects for your new home. The more contacts
that you make the better your chances are to find a home that you want on your
terms.
Negotiating a Rent To Own home agreement can be a challenging process. You
should be familiar with the terminology, provisions and common pitfalls of lease
purchase and option to purchase agreements. Although you can do this yourself
it is always best to seek the advice of a real estate professional and/or attorney
when dealing with your agreement.