Originally posted by @Shiloh Lundahl:
@Jack B. I’m going to be direct. It was good that you qualified that you don’t do lease options before you stated anything because the things you suggested could get people into a lot of trouble if they were to follow your advice in doing lease options.
1. There is NO down payment when it comes to lease options. There is only an option fee. The option fee does not go towards the property and is not a down payment.
2. None of the monthly lease or rent payments should go towards the purchase of the property. If you have a down payment and monthly payments going toward the pay down of a property you have essentially created a mortgage and unless you are a mortgage broker and have qualified the tenant buyer looking at all of their financials as a bank would in order to extend them a loan you may be accused of being a predatory lender which, if found guilty, can come with very high fines or worse.
3. Leon has no grounds to evict the tenant. He can give him a non-renewal letter and then, if his tenant doesn’t leave, he would then go through the eviction process or some sort of cash-for-keys situation.
4. The lease option strategy is not obvious. It is an intricate, advanced strategy (such as taking over a property “subject to,” or doing apartment syndications) that should be done correctly in order to profit the most and stay out of legal trouble.
I hope what I have written was not offensive. I just don’t want people to apply misinformation from what they may have read online and end up getting into costly legal trouble when it could have been avoided.
No I understand the option "fee" I just said DP because I was in a hurry but it CAN be a DP, you don't understand that YOU CAN credit the fee towards equity in the home. It's similar to earnest money. Yes, he has grounds to evict the tenant, because the tenant is claiming he owns the house. Do you really think he is going to magically give up and leave?
Yes, it is common to charge a higher rent that goes toward credit of the purchase price. YOU are the one that has no clue what you are talking about AT ALL. On top of that you're practicing law without a license claiming that this is illegal when it is a documented fact that it is not in most jurisdictions.
Two of the MANY sources online that talk about this exact type of structure I mentioned. A guy who isn't an attorney yet claims my points are illegal, then chastises me for not doing lease options so I have no experience, yet you are not an attorney but act like you are, you sure seem to miss the irony...you have ZERO clue what you're talking about dude. I know how lease options work, which is why I said you collect money up front or charge higher rent with a credit to the purchase for part of it. I only said I don't DO lease options. I didn't say I don't know the ins and outs of them. I know all about them and how to structure them, even have contracts for them. I just don't DO them because it's a mathematically bad idea. Just like offering seller financing is by becoming the "bank". Returns are far higher when you OWN and HOLD real estate. It's basic economics. The guy made critical mistakes that I validly pointed out. He collected no money up front and he did not charge a higher rent. You CAN use the money as a down payment and you CAN charge a higher rent.
https://themortgagereports.com/37221/simple-mortgage-definitions-rent-to-own-lease-option
- Option fee: an upfront payment that becomes part of your down payment if you complete the purchase (typically 1 percent of the purchase price)
- Rent credit: additional above-market rent paid to the seller, which becomes part of your down payment if you close on your purchase (typically a 10 – 15 percent increase over market rent)
https://www.daveramsey.com/blog/how-does-rent-to-own-work
Rent payments. As part of the contract, you’ll agree to pay a certain rent amount each month. These payments are typically higher than rent prices in the area because a percentage of each payment is set aside as a credit for your future purchase of the home.
Option money. You’re required to pay the seller a onetime, nonrefundable fee. This gives you the opportunity to buy the house, and in some cases, the seller will agree to put this amount toward the buyer’s equity in the home. There’s no standard option money amount; it’s typically a percentage of the home’s purchase price.