Lease Purchase - Posted by Dave

Posted by JohnBoy on July 13, 2004 at 12:26:33:

“You anticipate a sell and then hear stories how now they can not and that is after you “discounted the rent” because of the lease option.”

Discount the rent? I never heard of anyone “discounting” rent for a lease option…at least investors doing this.

I always get a “premium” for rent for doing a lease option. Why would anyone discount the rent when you can get premium rent on a lease option?

“DO NOT discount rent for consideration of a signed lease option and collect non-refundable deposit upfront as a forteit for non-performance of contract.”

I never heard of investors discounting rent for consideration of a signed lease option. Why would you want to do that?

Why would anyone want to collect a non-refundable option deposit as a forfeit for nonperformance of contract on a lease option?

None of these things make sense in a lease option.

In a lease option I don’t collect deposits for nonperformance and I never certainly discount the rent.

I get a premium for rent and I collect option consideration for selling an option on the property. In some cases I offer a “rent credit” if the optionee exercises the option and purchases the property, but that is in no way giving a discounted rent just for lease optioning the property. It is a credit for actually buying the property, not for renting it with a lease option. It is actually a discount of the purchase price if they buy the property. It has nothing to do with discounting the rent. They pay the full rent whether they exercise the option or not.

The option consideration has nothing to do with being a forfeit for nonperformance of the contract. The option consideration is for selling an option on the property and that’s it. It doesn’t matter whether they exercise the option or not. That is money paid for selling an option and taking my property off the market, tying it up for a period of time, committing to sell it to the optionee within a certain period of time, risking the loss of future appreaciation, and for me forfeiting the right to sell to anyone else no matter how much more they may offer to buy it for before the option expires.

If people are structing lease options the way you described then I can see where they are getting into trouble and lease options are being reclassified as a sale.

Properly structured lease options don’t involve collecting option “deposits” for forfeit of nonperforming contracts and they don’t involve “discounting rents” for doing a lease option.

Option consideration is paid merely for selling an option. Whether they perform or not by exercising the option makes no difference. They are not obligated to buy. They have the OPTION to buy or not buy.

Rent credits, if offered, have nothing to do with “discounting rents” for doing a lease option. Rent credits have nothing to do with discounting rents. Rent credits have to do with reducing the purchase price IF they exercise the option and buy the property. Otherwise there is no rent credits given. Option consideration, IF offered, is applied to the purchase price IF they exercise the option and buy the property. If they don’t buy the property then there is nothing offered in exchange for doing a lease option.

They buy the option. They lease the property. That’s it. Anything else is subject to them exercising the option or it is not offered or given.

This would be no different than me advertising my house for sale for $100k, and you as a buyer come along and I offer it to you for $90k if you can close in 30 days or something. Everything is tied to you actually buying the property. It has nothing to do with whether you lease the property or have an option on the property.

If everyone was structing their lease options as you described above it would be disastrous. I can see why your family of investors never liked lease options. They don’t understand how to properly structure them.

Lease Purchase - Posted by Dave

Posted by Dave on July 12, 2004 at 07:20:43:

I have someone who would like to lease my property for 3 months and then purchase. Was wondering what would people normally do…a lease purchase agreeemnt or a lease for 3 months and a standard agreement of sale to settle in 3 months…or does it matter?

Re: Lease Purchase - Posted by T_mac

Posted by T_mac on July 12, 2004 at 13:04:57:

Dave,

Before deciding on what paperwork to use, you need to determine if they can buy the place in 3 months. Have them go to a loan officer you trust to begin the loan process. After the loan officer has approved the buyer then you can sign the docs. I would use a standard Purchase of Sale contract with a “Pre-occupancy” agreement. I would also get a non-refundable deposit of no less then 3%.

Remember, if they don’t or can’t purchase, you now have a tenant and all the joys they bring.

Good luck.

Re: Lease Purchase or Just a Lease - Posted by Cheryl Lopez

Posted by Cheryl Lopez on July 12, 2004 at 10:04:41:

DAVE –

Has the buyer really mentioned any “purchase” price, terms, etc to you? Or are they just throwing around the words loosely of “lease … property for 3 months and then purchase.”?

Unless you are satisfied and have asked questions yourself:

  1. What is stopping this person from buying your place right now?

  2. What is going to happen in 3 months what is enable them or they will want to buy your place. Actually to close in 3 months … loan and title will need to start in 2 months? Or start 3 months then close in 4th month?

My family of investors have never liked lease options. Buyers sometimes do not follow up to finalize deal. You anticipate a sell and then hear stories how now they can not and that is after you “discounted the rent” because of the lease option.

If you want to continue … DO NOT discount rent for consideration of a signed lease option and collect non-refundable deposit upfront as a forteit for non-performance of contract. Or just do a straight lease and then negiotate on price and terms in 3 months when you can obtain financial prequal from lender.

Best of Luck
Cheryl Lopez

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