@Kathryn Bowden. I am not sure you mean when you say "where" we use it, but I can give you a high level of a lease option is, but I would caution you on you structure anything like this, as there are some Dodd/Frank Acts that impact how these can be done. I have worked with my attorney on the two L/O's I did in 2016, so please bear with the simplicity I use. My attorney responding to this, would certainly be much more elaborate.
I use the Lease Option when I have a property that is in demand, but might not sell in under 30 days (for the purchase price). The Lease Option is used for a variety of scenarios, so I will name a few:
- Buyer wants to "test drive the house." This is a great way to sell someone into the house if they are unsure, but need a place to live. Keep in mind, if you did the rehab and you believe in your product and stand by it, then you should have no concern with holding for a duration longer than expected.
- Buyer is new to the area, and they want the house, but they could have been relocated to the area and want to make sure the place is a fit for their family.
- Seller wants top dollar, and the end game is to sell, but the only buyer(s) willing to pay that top dollar are renters
- Buyer wants to save up some more $$, increase their credit score, or a whole slew of other reasons.
In my area, SFR in Class A areas are in super high demand. So if you end up listing as "for sale" and "for rent," you can determine how serious you renters are (and if there are any buyers out there as well). In one of my two cases, I had no buyers, but three extremely well qualified renters. Believe it or not (in this one situation), I ended up using the L/O to the "least qualified" renters. The only reason they were the least qualified was credit score. I happen to know a loan officer who I trust who can determine if someones credit is repairable or not, and in this case, theirs was, but it would take a minimum of 6 months. Long story short, they bought it in month 13 of my ownership, and you know the deal with that as far as capital gains go.
How there work in terms of structure (I will not use specific $$ that I had in mine, but will use fictitious $$ here just for this example):
Purchase Price of $200,000
Monthly Rent $2,000
Security Deposit $4,000
Purchase Option $5,000 non refundable deposit (they would have this applied to the PP if they exercised their option) Or they would turn over to the seller if they do not (This is the cost the buyer pays the seller to NOT ALLOW ANY OTHER PERSON OTHER THAN THEM TO PURCHASE FOR THAT PERIOD)
Another form of Purchase Option deposit is by increasing the monthly rent by $XX to be held by seller and turned over if option not exercised or applied if exercised. OR a hybrid of BOTH. For instance, (in this case above) a Purchase Option of $2,500 and an INCREASE in monthly payment of $200 (on a 12 month, that would be close to your $5k non-refunadble in the first example)
Hope this helps, but feel free to PM me if you want more info. If there are any attorneys that would like to chime in on the legalities and the areas that anyone should be cautious of, that would be helpful. But that's my simple explanation and take on it.