New from Southern Maryland - looking for lease option guidance

New from Southern Maryland - looking for lease option guidance

Investor · Southern Maryland · Member since 2016 · 6 posts · 7 votes

Hey everyone, I've been a BP member for a few years and listened to the podcasts for years as well but finally making my first post. I recently purchased my third buy and hold and just finished up the rehab. I purchased for $130k, put in $35k and ARV is about $215k On the first day I listed the house for rent I received a prospective tenant who inquired about a rent-to-own option. This is quite intriguing to me as a great option for this home but poses some questions.

In doing my reading of forums and articles it appears the proper way to structure this is to create the lease as its own stand-alone agreement such as in a traditional rental and then have a separate option agreement. With the straight option the fee can be set to be non-refundable.  #1 Looking for guidance on what that fee should look like?  I've seen anything from $1k-10K or 1-5%.   #2 the tenant also asked about paying additional monthly to go towards the selling price.  From what I am reading this is now a No-No with Dodd Frank but other topics state it can be done if deemed fair market.  What is the correct take on this or are there ways to ensure we are staying legal while working with the tenant/buyer for the long term?

Thanks in advance.  Here is one of the before and after from the kitchen.

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Real Estate Agent · Falls Church · Member since 2012 · 2k+ posts · 1k+ votes
7y

@Bob Connolly , as the owner you would want to negotiate the highest option price possible. The most common I see are in the 10k-15k range. If a buyer is reading this, of course, you would want to negotiate the lowerest possible price. The lowest I have personally paid is 1k for a 3 year option.

The lease would be a standard rental lease

The option contract the most common I see are 1-3 years but can really be as long as the two parties agree to.

Be prepared for the buyer to default as this happens in a majority of lease option contracts.

Check with a lawyer to make sure you are in compliance with any applicable laws. good luck :)

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  • Real Estate Agent · Falls Church · Member since 2012 · 2k+ posts · 1k+ votes
    7y

    @Bob Connolly , as the owner you would want to negotiate the highest option price possible. The most common I see are in the 10k-15k range. If a buyer is reading this, of course, you would want to negotiate the lowerest possible price. The lowest I have personally paid is 1k for a 3 year option.

    The lease would be a standard rental lease

    The option contract the most common I see are 1-3 years but can really be as long as the two parties agree to.

    Be prepared for the buyer to default as this happens in a majority of lease option contracts.

    Check with a lawyer to make sure you are in compliance with any applicable laws. good luck :)

  • Investor · Southern Maryland · Member since 2016 · 6 posts · 7 votes
    7y

    Thanks @Brandon L.  Any insight on options for the tenant to pay down the principle or work towards their down payment? If they can't pay extra or work towards getting the purchase price down I don't really see the long term benefit to the tenant/buyer as it puts all the risk on them to qualify for a loan down the road and to have to keep up on maintenance and repairs in the meantime.

  • Real Estate Agent · Falls Church · Member since 2012 · 2k+ posts · 1k+ votes
    7y

    They are not paying down principle as they are leasing from you not owning. They will pay a fair market rental rate, I would check the local laws on adding more to that as a credit for the down payment. 

    Honestly, a lot of these agreements end with the tenant leaving the property for a million different reasons. Your upside is the highest possible option fee.

    If they are able to qualify to purchase great, if not, the option expires and you move on to the next. I suppose if you want to make sure they qualify you can offer some sort of referral to budget counseling or credit repair, but ultimately it's their responsibility to be in a position to use the option. 

  • Real Estate Investor · Waldorf, MD · Member since 2014 · 592 posts · 320 votes
    7y

    Where did you purchase your property?  I'm in SOMD and would love to link up.  Waldorf exactly.

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