Skip to content
Creative Real Estate Financing

User Stats

371
Posts
160
Votes
Luke H.
  • Real Estate Investor
  • Dallas, TX
160
Votes |
371
Posts

Selling: Rent to Own vs Owner Finance in Texas

Luke H.
  • Real Estate Investor
  • Dallas, TX
Posted Oct 4 2023, 07:44

Hi all, hope all is well.
1- I've heard that Lease with Option to Purchase is not legal or no supported in Texas. Any resources?
2- If I owner fiance a property are there any RMLO's you recommend and why?

Thanks!

User Stats

681
Posts
428
Votes
Michael Carbonare
  • Investor
  • Fort Lauderdale, FL
428
Votes |
681
Posts
Michael Carbonare
  • Investor
  • Fort Lauderdale, FL
Replied Oct 12 2023, 15:22

That old wive's tale of lease options being illegal in Texas still persists, I see.
Fact check:  lease options are, in fact, legal in the great state of Texas,

User Stats

371
Posts
160
Votes
Luke H.
  • Real Estate Investor
  • Dallas, TX
160
Votes |
371
Posts
Luke H.
  • Real Estate Investor
  • Dallas, TX
Replied Oct 12 2023, 16:33
Quote from @Michael Carbonare:

That old wive's tale of lease options being illegal in Texas still persists, I see.
Fact check:  lease options are, in fact, legal in the great state of Texas,

 Says the Pizza man from Florida! Lol, thanks for the reply.
BiggerPockets logo
BiggerPockets
|
Sponsored
Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes

User Stats

681
Posts
428
Votes
Michael Carbonare
  • Investor
  • Fort Lauderdale, FL
428
Votes |
681
Posts
Michael Carbonare
  • Investor
  • Fort Lauderdale, FL
Replied Oct 12 2023, 18:42
Quote from @Luke H.:
Quote from @Michael Carbonare:

That old wive's tale of lease options being illegal in Texas still persists, I see.
Fact check:  lease options are, in fact, legal in the great state of Texas,

 Says the Pizza man from Florida! Lol, thanks for the reply.

User Stats

4,335
Posts
4,227
Votes
Greg H.
  • Broker/Flipper
  • Austin, TX
4,227
Votes |
4,335
Posts
Greg H.
  • Broker/Flipper
  • Austin, TX
ModeratorReplied Oct 13 2023, 04:30

Rent to own is legal in Texas.  However the requirements of the seller/owner are onerous and the penalties for non compliance can be severe.  Additionally, if the buyer fails to pay, the seller's remedy for non payment can be having to foreclose or a timeline equal to foreclosure so there is really no benefit.  Here are some of the guidelines

 https://texaslawhelp.org/article/executory-contracts-and-lea...

User Stats

371
Posts
160
Votes
Luke H.
  • Real Estate Investor
  • Dallas, TX
160
Votes |
371
Posts
Luke H.
  • Real Estate Investor
  • Dallas, TX
Replied Oct 13 2023, 05:12
Quote from @Michael Carbonare:
Quote from @Luke H.:
Quote from @Michael Carbonare:

That old wive's tale of lease options being illegal in Texas still persists, I see.
Fact check:  lease options are, in fact, legal in the great state of Texas,

 Says the Pizza man from Florida! Lol, thanks for the reply.


thanks for the invite, I'm planning a trip to Flordia soon!

User Stats

371
Posts
160
Votes
Luke H.
  • Real Estate Investor
  • Dallas, TX
160
Votes |
371
Posts
Luke H.
  • Real Estate Investor
  • Dallas, TX
Replied Oct 13 2023, 05:13
Quote from @Greg H.:

Rent to own is legal in Texas.  However the requirements of the seller/owner are onerous and the penalties for non compliance can be severe.  Additionally, if the buyer fails to pay, the seller's remedy for non payment can be having to foreclose or a timeline equal to foreclosure so there is really no benefit.  Here are some of the guidelines

 https://texaslawhelp.org/article/executory-contracts-and-lea...


Excellent response, this is what I was looking for!

User Stats

371
Posts
160
Votes
Luke H.
  • Real Estate Investor
  • Dallas, TX
160
Votes |
371
Posts
Luke H.
  • Real Estate Investor
  • Dallas, TX
Replied Oct 13 2023, 05:24
Update for the people watching:
Moving forward with Owner Finance
$90K price
10% down
9.9 interest
15,20 yr options.
1 contract pending signature. Less than 7 days.
Putting out more marketing signs today!
Thank you

User Stats

789
Posts
402
Votes
John Jackson
  • Investor
  • North Richland Hills, TX
402
Votes |
789
Posts
John Jackson
  • Investor
  • North Richland Hills, TX
Replied Oct 13 2023, 10:10
Quote from @Luke H.:
Update for the people watching:
Moving forward with Owner Finance
$90K price
10% down
9.9 interest
15,20 yr options.
1 contract pending signature. Less than 7 days.
Putting out more marketing signs today!
Thank you

 LO's are legal in TX but over 6 months you have to disclose mortgage information and the buyer has to be able to know when the payments are being made. In your case, this isn't a good LO anyway as the price is too low for an effective LO if you're looking for a buyer to get financed TBH. Good job on the seller finance! If you own this house and are doing more than 3 in a year get an RMLO. 

User Stats

789
Posts
402
Votes
John Jackson
  • Investor
  • North Richland Hills, TX
402
Votes |
789
Posts
John Jackson
  • Investor
  • North Richland Hills, TX
Replied Oct 13 2023, 10:11
Quote from @Luke H.:
Quote from @Michael Carbonare:
Quote from @Luke H.:
Quote from @Michael Carbonare:

That old wive's tale of lease options being illegal in Texas still persists, I see.
Fact check:  lease options are, in fact, legal in the great state of Texas,

 Says the Pizza man from Florida! Lol, thanks for the reply.


thanks for the invite, I'm planning a trip to Flordia soon!

Michael....didn't know you were still alive.  Disregard the flowers I sent.  

User Stats

789
Posts
402
Votes
John Jackson
  • Investor
  • North Richland Hills, TX
402
Votes |
789
Posts
John Jackson
  • Investor
  • North Richland Hills, TX
Replied Oct 13 2023, 10:13
Quote from @Greg H.:

Rent to own is legal in Texas.  However the requirements of the seller/owner are onerous and the penalties for non compliance can be severe.  Additionally, if the buyer fails to pay, the seller's remedy for non payment can be having to foreclose or a timeline equal to foreclosure so there is really no benefit.  Here are some of the guidelines

 https://texaslawhelp.org/article/executory-contracts-and-lea...


 That site, after taking a look, has items required for a C4D that are not actually required for a LO.