Re: On the subject of L/O - Posted by JohnBoy
Posted by JohnBoy on April 15, 2002 at 15:01:16:
I’ve read somewhere before where someone was doing L/O’s where they are using purchase agreements, but I don’t recall off hand where I seen it. I “think” JimFL is using something like this with his his programs.
I personnally don’t care for it myself, but if its something that works for you then by all means keep doing it. As long as you are willing to give them the earnest money back then I don’t see any problem with it. I think Jim FL has his agreements state the earnest money is not refundable. But you would need to talk to him to get the details on what exactly he’s doing and how he’s wording things.
I prefer to get it all as option money with the exception of about $100 of it as a security deposit on the lease. That way it shows there is a security deposit apart from any option money to confuse anything about the option money being considered a security deposit.
If I used the money as earnest money that is refundable then in my mind that would give them more options to back out and find something better. I like to keep them more committed to following through by exercising the option so I get my money out of the deal.
In your case you are buying the properties and getting your own financing on them. So you don’t have to worry about getting buyers to cash you out to get any underlying loans in a seller’s name paid off. You can keep the property as long as you want and hold it for income. I only buy by taking over the existing loans by either doing a L/O or buying subject to where my goal is to get the deal cashed out within a few years. So I want more commitment from my potential buyers! If they don’t want to lose all their option money then they will need to buy the property.
I also don’t go with the current market value because they are buying on terms without an obligation to buy the property. The property in all likely hood would be worth more in a year and I think getting a premium price for offering terms and taking on the risk with someone that can’t qualify for a loan is well worth getting paid more for it.
If the value goes down they can walk away and cut their loses. I’m stuck with the property! If it sky rockets in value they get the option to take advantage of that by exercising the option and I lose the additional equity. So getting a 10% premium in my mind is well justified.
In the end if I had to make concessions somehow to get them financed then I also have the extra room to play with. I might need to carry a small second or help to pay some of their closing costs or whatever. That 10% premium can help a lot in those cases where I still at least get full value that the property was worth when they first entered into the L/O agreement.
Everyone has their own thing that works for them and if that’s what works for them then more power to them. That’s how I look at it. There is no one way of doing things in this business. EVERYTHING is negotiable and as long as both sides are in agreement, then I say go for it!