Nov
2
Who Wins In A Lease-Purchase Agreement?
Posted by fortmillschomes under Ask a REALTOR, For Buyers, For Sellers, General Information
I was taught early in my career that real estate is about a Win-Win for everyone involved, but with the way the real estate market is going, it doesn’t appear to be a Win-Win for anyone. Yes, technically it is still a Buyer’s Market as described by the real estate economist because they believe that there are only two options – Buyer’s Market or Seller’s Market. Which if we go back and remember what we learned in our high school or college Economy class it is all based on supply and demand – whoever has it at the time has the upper-hand. So, with this being said, it has created a Lease Purchase option for Buyers and Sellers who want to buy and sell but have extenuating circumstances as to why they can’t do it now.
I have had experiences with this “thing” called Lease Purchase, and I try to steer clear of it as much as possible. Why? Because I really don’t feel it is a good alternative for anyone. In the end, it rarely ever works. So, what is it?
A Lease Purchase is an optional agreement that a Seller and Buyer can enter into which will put the home under contract to sell and close one year out while the Buyer has the right to move into the home and lease the property from the Seller and pay rent until closing. Sounds like a good plan huh? Well, the intent is always good in the beginning, but the truth is that as a Realtor we see it as the Seller becoming desperate to find someone to come in and pay their house payment because they are in a bind and can’t continue to do it or don’t want to do it. Sellers tend to be stressed – especially now – because it is taking longer for their home to sell especially if they don’t price them to sell – they price them to sit. So when the opton of a Buyer comes along to lease the house out and pay the Seller rent saying they will close one year later, it sounds all too good to be true to a Seller who is stressed out about money.
Buyers who need to do a lease purchase are Buyers who just can’t buy now. If they could, they would. They have credit issues, or their home hasn’t sold or its tied up in a personal situation that prevents them from being able to buy. There are lots of reason why a Buyer may not be able to buy but the ones I have listed are the most prevalent reasons. So when they find a Seller who wants to lease to them through a lease purchase, their immediate goal is to get a home for their family right now – thinking that a year from now is a long time away to worry about. They think a lease-purchase is a way to move into a home and let their rent money court toward the balance of the sales price; however, it all depends on how the deal is put together.
Putting the deal together is critical when it comes to where this may be one year from now. The Buyer may not want the home in a year. They may not like the neighborhood or neighbors, or they may not have their credit worked out or their own home sold. They may decide to walk away from any non-refundable deposits to find another home they like better. Too many “What Ifs” come up during the course of a year. The Seller becomes a landlord and has to adbide by the Landlord – Tenant rules for renting out a home. They technically lose all rights to the property while the Buyer is leasing aka renting their home. If the Buyer fails to pay their rent, then the Seller has to work with the local Sheriffs Department or other jurisdiction to aid him in evicting the “tenant” – Buyer. If this doesn’t work out, the non-refundable deposit is not automatically given back in my state of South Carolina. The Buyer/tenant has to sign it over to the Seller/landlord and if they don’t – it goes to magistrate court depending on the amount. This means it becomes a legal situation for the Seller. A situation that the Seller never thought he would have to deal with. Then they call the Realtor asking why this happened? Well, we can’t predict the furture anymore than them…We just have to hope for the best like they did.
I don’t like to be the bearer of bad news. I like to help make things work out for the good of all involved, but I am a realist and I know that things happen we don’t always want to happen. I try to tell my Sellers – you are making a deal with a stranger and moving your family out of your home for a stranger. Are you sure you want to do this? Then I leave it up to them to make the best decision for them. I can only advise – I can’t make the decision for them. I tell them to look at the big picture and not worry so much about the now, but I understand that when you are stressed – all you can think about is the now.
So, what am I saying…I am saying to you – Who Wins in a Lease Purchase Agreement? If you really think about it – maybe no one does. That is why I ask you before you jump into something that sounds too good to be true – remember what they say…that it probably is…
If we lived in a perfect world where everything worked out the way it was supposed to work out, we wouldn’t even need lease purchase agreements, but since we don’t —I just say think before you do and make sure it is really right for you!
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All comments and opinions are strictly mine as taken from my own experiences in the real estate market and shared with you. They are not intended to be anything more.
If you need legal advice about your own personal situation, please consult your Realtor or a Real Estate Attorney in your area. – Cynthia Williams – Keller Williams Realty




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