Please poke holes in this Lease option strategy

Please poke holes in this Lease option strategy

Marysville, MI · Member since 2019 · 17 posts · 11 votes

I am working on purchasing a 700sq/ft cottage (second home) that I believe fair market value is ~$210K-$230K, however, the buyer bought it in 2021 for $225K (and put about $15K into it) and a realtor told her it is now worth $325K. This is part of an association of a handful of properties that share a private beach on a highly desirable lake in Michigan. I've looked through recent sales (trailing 12 months) to determine similar cottages with similar lakefront amenities, and although none are as small (most are 1000-1500 sq ft), I determined what I feel is fair market value based on cost/sq ft. One additional note is that this cannot be financed through a conventional loan nor can it be used as a short term rental because I would be purchasing the building on the land owned by the association, which I'd have partial ownership of.

I am considering offering $240K cash, or a lease option, with the following terms.

7 year lease @ $1K/month with the option to purchase at $225K at the end of the lease. 

My thinking is that this will 1. save them ~$11K in capital gains tax, 2. Allow me to put the money I'd pay for the property into gov't bonds paying roughly what the lease payment would cost, and 3. would give them ~$320K in total lease payments including the offset of capital gains, while it would be equivalent to me purchasing it for cash today at $225K.

I know there is an income tax liability on the seller's part for the lease payments, but I don't know their situation to judge the impact of that.

I've never done a transaction like this before, so please poke holes in it, or if you have a better option, please let me know.

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
2y

@Mike Rutallie

If the realtor thinks it’s worth $325k this is probably not something they would consider

My guess is rent is worth a lot more than that and basically they would be renting it interest free till it’s paid off

I guess it does not hurt to ask but I don’t see where this benefits the seller.

Look at it another way if you were gonna sell your car for $20,000, would you let somebody pay you a few hundred dollars a month for several years and then give you the rest after the fact?

While there is a chance, typically these need to be win-win situations for both parties

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Mike Rutallie

    If the realtor thinks it’s worth $325k this is probably not something they would consider

    My guess is rent is worth a lot more than that and basically they would be renting it interest free till it’s paid off

    I guess it does not hurt to ask but I don’t see where this benefits the seller.

    Look at it another way if you were gonna sell your car for $20,000, would you let somebody pay you a few hundred dollars a month for several years and then give you the rest after the fact?

    While there is a chance, typically these need to be win-win situations for both parties

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  • Marysville, MI · Member since 2019 · 17 posts · 11 votes
    2y

    Thanks for the quick reply Chris. What you say makes sense. I know this is probably a long shot, and not as advantageous for the seller as $325K cash up front, but I should have mentioned the seller had it listed for $325K for 4 months, no offers, dropped it to $315K, got a couple of calls, but no offers, then has had it off the market for 3 months and wants to relist it in March if I don't buy it.

    Since this seems VERY overv-priced based on recent sales, I'm trying to figure out an option that might work for the seller, but we might just be too far off.

    Any suggestions on how that could be done?

  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    2y

    Typically, when asking for owner-financing, you have to also give them something of value.

    Often, it's a higher purchase price.

    So, you may not be able to negotiate both, but you can always try.

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  • Real Estate Consultant · Wittenberg, WI · Member since 2014 · 572 posts · 572 votes
    2y

    I have done deals in the past and have 1 currently where I'm willing to pay above retail for the property to make them happy, but I NEED terms that allow me to cash flow.

    It does not work for 1 party to benefit at the expense of the other party and that has to be made clear.

    If you are going to pay above retail, negotiate in a prepayment discount into your deal so you don't get stuck if you need to liquidate the property. The seller carries a note and mortgage for there security. 

    Example deal. 

    I'm working on buying a business with 3 apartments above it that is worth 500k and the seller wants payents at 5% interest, amortized over 30 years. The seller, mid negotiation, decided he now wants 600k which does not cash flow enough for my liking. So, I said I will give you the asking price, but I won't pay much more than 2k per month in order to hit my goals. He has agreed to accept 30k down and carry 570k at 2% for 30 years. Even though I'm over paying, I get cashflow plus I'm gaining $1160 per month of principal reduction starting with my 1st $2100 payment. I also have a higher basis in the property which helps me in the future on resale capital gain. 

    If I payed 500k with 30k down and paid him 5% interest for 30 years, I would pay a total of 938k for this deal. At 600k with 30k down, 2% interest for 30 years my total is 788k.

    Take a financial calculator and start analyzing different numbers on your deal and see if you can give the seller 2 or 3 different scenarios to choose from.

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