How To Structure A Lease Purchase Agreement

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In this comprehensive blog, we delve into the intricate details of lease option agreements, shedding light on their advantages, legal nuances, and the distinction between lease options and lease-purchase agreements. Whether you’re a landlord, tenant, or investor, this guide offers invaluable insights into the dynamic realm of lease options.

What Is Are Lease Options?

A lease option, or lease with option to buy, is a real estate contract that offers a property renter the opportunity to purchase the property after the lease period concludes. The contract entails an upfront option fee paid by the renter for the potential to buy the property, along with a monthly fee contributing to the down payment if the renter chooses to exercise the buying option.

During the lease term, the property owner is restricted from selling the property to anyone other than the tenant. If the renter decides not to buy the property at the lease’s end, they forfeit the option fee and any down payment funds already paid.

Lease Option Vs. Lease Purchase Agreement

Distinguishing a lease option from a lease purchase agreement is essential in real estate contracts. In a lease purchase agreement, both buyer and seller are bound to the property’s sale after the lease term. On the other hand, with a lease option, the renter is not obligated to proceed with purchasing the property.

How To Structure A Lease Purchase Agreement

Lease purchase agreements frequently encompass two separate contracts: one pertaining to the lease arrangement and the other concerning the eventual sale at the lease term’s end. These distinct contracts incorporate cross-default clauses, rendering specific provisions mutually exclusive. In other words, a breach in one clause, such as a skipped monthly payment, could potentially trigger an automatic breach in the purchase contract.

Lease Period

The lease agreement encompasses conventional lease components, alongside specific clauses necessitating the buyer’s coverage of maintenance, property taxes, and insurance expenses. Naturally, it outlines the lease period and monthly rent. Lease purchase agreements often extend the lease timeframe, typically spanning up to 3 years.

Special clauses of note encompass the option fee, purchase price, and down payment. Both parties agree on an option fee, binding the landlord to sell even if they have a change of heart. This commitment comes at a cost, with the fee being nonrefundable and of variable value.

The agreement typically designates a portion of the rent towards a down payment. For instance, a $2,000 monthly rent on a $250,000 home, with $400 allocated for down payment. After a 24-month lease, the buyer can employ $9,600 as a 3.8% down payment, slightly above typical mortgage minimums. If the buyer opts out of the sale, the down payment is forfeited.

Contract Of Sale

This agreement comprehensively delineates the purchasing process and post-lease terms. Regardless of the lease duration, both parties settle on a purchase price (anchored to fair market value) during the rental agreement. Frequently, this price surpasses market value to accommodate appreciation. Irrespective of market fluctuations, both parties are committed to this agreed-upon sum.

The buyer takes on the task of arranging a mortgage for the property. If the tenant previously couldn’t qualify for a mortgage but signs a lease purchase contract, they can present their scheduled down payment to the lender for advantageous negotiation. Upon residential lease conclusion, the lender disburses funds to the seller for title transfer.

Before signing, seeking legal review by a real estate attorney is strongly advised. Although many agreements negate the sale contract if the buyer can’t secure financing, some mandate full repayment regardless of affordability. This underscores the prudence of seeking legal counsel when entering any real estate purchase agreement.

What’s Required For Lease Purchase?

A comprehensive lease purchase contract should cover the following essential details:

Lease term: Clearly state the duration of the renter’s occupancy before they can exercise the option to buy.
Option fee: The contract must include the agreed-upon fee paid to the property owner for the opportunity to purchase the property.
Purchase price: Whether the renter buys the property or not, the contract must specify the purchase price.
Rental amount: Both parties should agree on the monthly rent amount for the lease duration.
Rent credit: Outline the portion of the monthly rent that will be credited towards the future down payment.
Mandated homeowners insurance: While not obligatory, it’s advisable for renters to ensure that the property owner maintains homeowners insurance throughout the lease term to safeguard the property’s value in case of unforeseen events.

How to Use a Lease Option to Invest in Real Estate

Utilizing a lease option offers creative real estate investment avenues. One approach is the straightforward lease option, where you become the lessor. You locate a tenant-buyer, engage in the lease option agreement, and either sell the property or find a suitable buyer. Alternatively, you can be a lessee-investor, signing with the property owner to sublet. The owner charges minimal rent, and you and the owner share subletting proceeds. Advanced investors might explore a “lease option sandwich” tactic, acting as a lessee to secure an option from an owner. Then, signing the property with a potential tenant for a rent-to-own setup, the investor retains the profit difference.