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Updated about 15 years ago on . Most recent reply

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Lease Option Question

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Posted

I had a verbal agreement with a purchaser. He paid the non-refundable option fee. I sent him the contract and he did not sign and return it. He never paid a lease payment. Approximately 2 months later he contacted me stating that he wanted his money back or he wanted to sell the house to a cash buyer.

When I wrote the lease option I wrote it in 2 steps, a lease and an option. There were no rent credits to be given.

Basically my question is - Is it a fair settlement to offer him a 50%refund of his option fee?

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Michael Rossi
  • Real Estate Investor
  • Ohio
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Michael Rossi
  • Real Estate Investor
  • Ohio
Replied

Whether he is living in the property or not is largely irrelevant. He is the lessee according to the lease and he has not paid the rent. That is a clear violation of the lease. I would suggest discussing how to terminate his rights as the lessee with your attorney. Again, I would have started the process as soon as he was late.

Good Luck,

Mike

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