Lease to own with our Owner Financing - Self directed IRA...?

Lease to own with our Owner Financing - Self directed IRA...?

Real Estate Investor · Des Moines, IA · Member since 2016 · 922 posts · 533 votes

We have some interested tenants that want a lease to own or buy on contract type scenario that we own 100% under a self directed IRA.

Seems pretty straight forward --- we draw up financing terms for them, and then they make payments directly into our custodian based on those...

Here's some verbiage I just inserted into a boilerplate IOWA LEASE TO PURCHASE OPTION AGREEMENT Chapter 562A (Uniform Residential Landlord and Tenant Law):

Please let me know if there's other things to consider, or someone that's been down this road before!!!

Certain things on my mind include whose responsibility taxes and insurance would be... among other things....

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10. FINANCING AVAILABILITY. Seller/Landlord has communicated the option/availability of financing available upon execution of purchase option by tenants, pending a good faith review of financial disclosure information on the part of tenants, upon tenant execution of option to purchase. This financing would be available so as to provide tenants the possibility of building an equity stake in the property, with the eventual contingencies accounted for, for instance in the possible eventual sale of the property. Tenant lease/rent-to-own (length of residence) would dictate tenant's ability to execute/initiate a sale of the property. Seller/landlord desires tenants to reside in property for minimum of 10 years to initiate sale of property, measured from start date of tenancy.


At this point, tenant can initiate a sale of the property, if desired, to realize equity position.

Anticipated Offered Terms for Financing:
Consensus WSJ Measured Prime Rate + [2%-4%] on 30 year term with minimum payment being equal to offered monthly rent amount (extra is applied as principal reductions)

Default or non-payment of rent shall result in forfeiture of any possible equity position in the event that the option to purchase is

If tenants/buyers wish to execute their own financing options during owner offered financing term, sellers/landlords will allow for this after the end of five years after lease start. If this is the case, tenant/buyer balance on the house would be need to be paid off in full at that point.

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  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    8y

    I highly recommend you let John Hyre review it:  http://iralawyer.com/

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    8y

    @Jim Goebel

    Looks good. Make sure to also add the IRA title information.

  • Real Estate Investor · Des Moines, IA · Member since 2016 · 922 posts · 533 votes
    8y

    Just wanted to follow up here

    Attorney advised that something called a 'Residential Installation Contract' may be a preferable way to go when it comes time.

    Main reason was the prospect of a tenant non payment type of situation would allow for an easier execution of getting them out of the house.  This risk although we hope is small it still is not negligible.

    Attorney also more or less advised to just engage her when it comes time to execute/ie we have an expressed interest from the tenants to move forward.

    Because this property is owned under a self directed IRA I have also been advised that we just need to share contract language with our IRA custodian to ensure compliance.

    So, all seems well in this world

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