My wife purchased a rent to own (a year before we were together.) She has a resident living in the home that covers her payment and nothing more. I haven't seen the paperwork on it yet, but judging by the payment alone she over paid. Typically, is there a way to get out of these things? Additionally, is there a way to profit? I'm guessing the only obvious way to profit is to sell the same scenario to someone else that is looking for this type of home/pay out...?
Rent to own deals are often done by predatory sellers, there is no obligation to buy and the seller, if they took a down payment may hope you just walk away, that's the "rinse" of the scam to rinse and repeat such deals.
You should have a contract with a stated sale price, if she can sell for more, she can buy and then sell it. Make sure to include all the transaction costs as well.
Last year, the SAFE Act was in effect that required buyers in any financing arrangement, which a rent-to-own is, required that buyers in owner occupied homes have an ability to pay, to be qualified. If a seller really put it to her, she may have cause of action against the seller.
Additionally, the Dodd-Frank Act that went into effect this year has additional requirements. The seller may or may not be exempt and will have certain loan servicing functions or collection activities that he will, most likely, not be in compliance with.
You can see an attorney if she was really taken as there are penalties that include receiving all the payments back. I doubt the Dallas area would be really consumer friendly, but these matters are federal law, seeing an attorney is the best course of action if she really was a victim of predatory dealings.
I'd suggest you have an attorney review the contract as to her ownership interests and rights. Good luck :)
Bill Gulley, General Real Estate Academy | https://generalrealestateacademy.com
@Bill Gulley Well that's better news than I expected. Thank you Bill!
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