Lease purchase arrangements - what do you use?
2 Replies
Leland Smith
Flipper/Rehabber from LA Scottsdale AZ, Nashville TN
posted over 3 years ago
Hi - I'm now considering, instead of selling my flip, to lease purchase to my parents who cannot obtain a conventional loan and love the property we rehabbed. I understand the premise of Lease Purchase, but want to know what types of contract clauses you all prefer or employ.
The main areas of interest are:
- Must agree on purchase price at current time
- Secondarily, what is "fair" as far as discounting purchase price by expected real estate commissions to sell etc.. I suppose whatever is mutually agreeable..
- Down payment amount (they have about 6% available)
- Interest rate (probably want more than market, do you base on risk profile?)
- Length of term (15-30yr... etc) - probably whatever is affordable mutually agreeable
- Calculation of amortization schedule - I think this is standard schedule just like a bank, daily compounded interest accrued and assessed?
- How does the contract state ownership of repairs and liability of house, insurance is still owner? Which parts of liability is taken on by the Lessee?
- What happens if they fail to make payments? What are the terms there?
- Loss of down payment... under what circumstances (eg failure to pay, damage to property etc)?
- How would the Lessee sell the house or exit the Lease purchase before loan payment is up? Do they retain any value, or just walk away?
Thanks!
Thomas T.
Investor from Spokane, WA
replied over 3 years ago
I know this isn't what you asked, but I wouldn't sell it to your parents. Either give it to them or politely ask them to buy something else.
What happens when they miss a payment? Thanksgiving dinner will be akwaaaard.
Brent Coombs
Investor from Cleveland, Ohio
replied over 3 years ago
@Leland Smith , my understanding is that the LEASE contract is completely separate to the PURCHASE contract.
ie. TWO documents. In your example, 6% could be a NON-refundable deposit on their Purchase OPTION.
All monthly payments would be LEASE payments only - UNTIL they could Finance the purchase themselves.
Alternatively, if you just wanted to be their BANK, you could just owner-finance, no lease entailed.
Ask yourself: Are you prepared to be heartless if required (like a Bank)?
And/or, will you be happy for THEM to sell it later for a massive profit (instead of you)?
ie. You'd only get paid out at today's agreed price! ie. Where do YOU think values will go for your buy? My 2c...