Rent-to-own agreements are based on a weekly or monthly rental term. In the structure of this type of transaction, the consumer (lessee) - at the end of each week or month - can choose either to renew the lease on a weekly or monthly basis by making renewal payments, or to terminate the agreement with no further obligation by returning the tangible property. Though not obligated to do so, the consumer can choose to continue making interval payments on the merchandise for a pre-specified period of time, at which point they would own the good outright. An alternative purchase option is commonly provisioned for, allowing the consumer to pay off the remaining balance on the agreement at any point in time in order to obtain permanent ownership.
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You've just bought the home of your dreams, signed the contract and packed the moving van -- you're all set, right? Not if you haven't sold your current home first. So you put it on the market and you wait. And wait. And wait. In many cities where it makes more financial sense to rent than own, buyers may simply not be interested. In others, buyers do come along, but they don't have enough money saved for a down payment or their credit isn't good enough. How will you ever sell this house?
One of the challenges of rent-to-own contracts is that there is no uniform agreement for parties to use—unlike what you’d expect with traditional, state-sanctioned lease or purchase and sale agreements. In fact, rent-to-own agreements are rarely regulated by the government. As a result, rent-to-own agreements can look markedly different from transaction to transaction, with the property owner nearly always retaining the upper hand.
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Details of the sale: Some landlords assume that they can coordinate the details of the eventual sale at a later date, but this is a big mistake. It’s in the interest of all parties to be abundantly clear about the terms and conditions of the sale in advance, including an agreed-upon purchase price. Yes, the property may appreciate in value over time. Conversely, it may depreciate. In fairness to both parties, the price should be set in advance nonetheless.
The option fee likely will cost between 1% and 5% of the purchase price. Tenants also can expect their rent to add up to slightly more than the market rate during the lease. Usually all or part of the option fee will be set aside as a down payment. While the home is being rented, the landlord retains ownership but often requires the tenant to assume maintenance responsibilities.
Rent to own homes offer a popular alternative for bargain home buyers and sellers. For buyers who do not have an adequate downpayment available, or are having difficulty qualifying for a traditional home loan, a rent to own (also referred to as 'lease option', 'lease to own', or 'owner financed') agreement can provide a smoother path to homeownership. In a rent to own arrangement, the buyer and seller typically agree to designate a portion of the monthly rent paid is applied to the purchase of the property. The home's purchase price is usually agreed to in advance so there is reduced risk of an increased price at the future purchase date.
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A lease-option contract is less rigid. In this arrangement, you can choose whether or not to purchase the home by the contract's end, and the landlord must honor it. This agreement gives you a choice to opt out of the purchase within the agreed-upon time frame, offering a bit more wiggle room if you're uncertain you want to own the place. But even in this case, you might forfeit your deposit and equity, so it's important to be sure that rent-to-own is the direction you really want to take.
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It's Flexible. While you will have more flexibility initially with this type of contract than with a traditional mortgage, once the contract is signed, it's pretty set. It is very rare that both the buyer and the seller agree on alterations to the original contract. The price of the property is usually set, and this is the price that the buyer will have to pay once the contract is up, regardless of the home's current market value.
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Your contract may state that you, as the buyer, have to pay for repairs, homeowner fees, property taxes, and insurance while renting. Other contracts will stipulate that the current owner (the seller) covers these costs. It’s important that your contract clearly state who will cover repairs, because you might get stuck fixing a water leak on a home that isn’t legally yours yet. You should still have renter’s insurance to cover any issues in the interim.
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Price. Your price is what the seller and the tenant have agreed on to buy and sell the property for. This purchase price is usually above the home's current market value. You can choose to have a set rate, or you can choose to decide a purchase price based on market values once your payment term is up. As the real estate market isn't guaranteed, many sellers opt for a fixed rate price.
Watch out for lease-purchase contracts. With these, you could be legally obligated to buy the home at the end of the lease – whether you can afford to or not. To have the option to buy without the obligation, it needs to be a lease-option contract. Because legalese can be challenging to decipher, it’s always a good idea to review the contract with a qualified real estate attorney before signing anything, so you know your rights and exactly what you’re getting into.