Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
General Real Estate Investing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 4 years ago on . Most recent reply

User Stats

3
Posts
1
Votes
Victor Garner
1
Votes |
3
Posts

Tenant wants to buy, but won't be loan ready for 2 years

Victor Garner
Posted

Our tenants of 26 months want to buy the property from us. It's formerly our primary residence, and we would like to sell before the 3 year cutoff to avoid the cap gains tax. If I wait for the tenant to be loan ready, I will miss that cutoff. If I "owner finance" it, is that the same as "selling" it with regards to the Cap Gains tax rules? If not, what kind of contract should I use to recoup that tax hit from the buyer? I'm in Texas, and from what I'm learning a Contract for Deed, Lease to Own deal is likely out of the question. Can I just renew their lease and charge them an upfront non-refundable deposit of 10% of the sales price to protect me in the event they change their mind after the 3 year window closes on me?

Thanks for your inputs!

Most Popular Reply

User Stats

10,185
Posts
16,431
Votes
JD Martin
  • Rock Star Extraordinaire
  • Northeast, TN
16,431
Votes |
10,185
Posts
JD Martin
  • Rock Star Extraordinaire
  • Northeast, TN
ModeratorReplied

@Shiloh Lundahl

business profile image
Skyline Properties

Loading replies...