Lease Option Coaching Questions

Please ask anything else that will help you understand Lease Options relating to this post

Here is a lease option coaching question that I received recently.  When I do my lease option coaching, my students can ask me anything they like about their lease option deals. Some of those I have share on my blog. I hope you enjoy them.  Feel free to comment if so.

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Hello Wendy or lease option coaching staff,

I sent out postcards this week and just got a response from a homeowner who seems to be the perfect candidate for a lease option. She owns a condo town-home, which is my concern. Can this work with condo owners?

Sure IF you are in an area where condos are a “cool” or a “good” thing to own.  I live in the Michigan, and they are not the best here (but a few select areas), but in Chicago they are very hip. A lease option can work with a condo in the right areas.  Consider though who will pay the HOA (home owner association fee) – I would want the seller to remain responsible for this fee. 

Single woman in a three bedroom, three floors town-home. Wants to go to live in Germany part time and stay with her son here in NJ the other months. She has a lower mortgage (has not told me exactly what yet) and is willing to rent, no problem, and pay for the monthly HOA. When I mentioned would she sell she said yes!   She did ask me what I charged to do this and I told her nothing through my company. She asked how I make money then and I told her through the buyer. I also revealed I am a licensed Realtor and that I could charge commission.

The property was built 2003 and she bought it new.

The lady revealed that she has an appointment with a Realtor friend from the complex a few hours after my scheduled appointment with her on the weekend.

Please advise regarding the above. Thanks and I look forward to hearing from you.
What does the seller REALLY want to do?  Sell out right or get some cash flow?  The other important thing when dealing with any home owner that is considering a lease option with you and has suggested that they might list with a real estate agent is that you have them ask their Realtor to “Make YOUR NAME an exclusion to the listing contract”. 

This is Realtor language to protect the seller and you from the additional fees that would be charged if this were not in their agreement with their agent.  Write this down – as it is the exact language used by most real estate agents in the business.  This way if they don’t sell it and you buy it the owner is not responsible for commission.  If they don’t put this in there it will affect the seller’s bottom line and therefore yours also.

 

Lease Option Coaching –  Feel free to share this post, comment or ask additional questions.   If you are considering lease option coaching check out www.wendypatton.com/bootcamp to find out more

A successful for rent by owner business is always based on having positive cash flow, low vacancy rates, and responsible tenants that take care of the property. But there is more to it when you get into the for rent by owner business. One place that you can easily get tripped up if you don’t understand the laws is with the fair housing laws. Here are some of the frequently asked questions you should have the answers to before you go into the “for rent by owner” business.

Q1. What does the Fair Housing Act prohibit?

1. No for rent by owner may take the following actions based on race, color, national origin, religion, sex, family status, or handicap:

• Refuse to rent housing.
• Refuse to negotiate to rent housing.
• Make housing unavailable.
• Set different terms, conditions, or privileges for the rental of housing.
• Provide different housing services or facilities.
• Falsely deny that housing is available for inspection or rent.
• Deny anyone access to or membership in a facility or service related to the rental.

What Else Do For Rent By Owner Landlords Need to Know About Fair Housing Laws?

2. What else are for rent by owners prohibited from doing?
3. A for rent by owner businessperson may not threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right. Additionally, a for rent by owner operator may not advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, family status, or handicap. This prohibition against
   discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.

 

For Rent By Owner Landlords Have Additional Responsibilities to the Disabled

Q3. Are there additional protections for disabled people?

3. Yes, if a tenant or potential tenant has a physical or mental disability (including hearing, mobility, visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation) that substantially limits one or more major life activities:

• Have a record of such a disability or
• Are regarded as having such a disability

As a for rent by owner landlord you may not:

• Refuse to let you make reasonable modifications to your dwelling or common use areas, at their expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if the tenant agrees to restore the property to its original condition when they move.)
• Refuse to make reasonable accommodations in rules, policies, practices, or services if necessary for the disabled person to use the housing.

For example, even when a for sale by owner landlord has a no pets policy, he or she must allow a visually impaired tenant to keep a guide dog.

There are additional requirements at the federal, state, and local level that you need to comply with as a for rent by owner landlord.

If you want to work directly with me on the for rent by owner business model or any of the other investing models that have proven highly profitable, please join me at www.wendypatton.com/what-is-wendy-pattons-inner-circle.

Besides reading this article about being a for rent by owner business operator, you’ll want to read this other useful information that I offer free. Please take advantage of it today.

Protect Your Lease Agreement with an Option to Purchase

Homes for Rent or Flipping for Profits

How a Land Contract or Owner Financing Can Work for You

Real Estate Q&A – Lease Option -V- Lease Purchase

Rent to Own Continues Flourishing

House For Sale – Flipping is Back

Lease Options on a Commercial Investment Property

Several times each week, I make the most current real estate investing information available to readers. This time, it’s about the for rent by owner investing model but the information I provide changes constantly to stay current with the market. Be sure to check back at: www.wendypatton.com. Also, get started learning how to do NO CASH lease options on real estate by picking up a copy of my bestseller book: Investing in Real Estate with Lease Options and Subject-to Deals.

By Wendy Patton

What did you think of this article? Please leave a comment below.

For more exclusive content, please subscribe to my RSS Feed and YouTube Channel.

The lease agreement with an option to buy has definitely become a popular and effective way for under qualified buyers to begin the purchase process and begin putting down money that applies towards the down payment. The lease agreement with an option to purchase is also good for sellers wanting to maximize the selling price.

Both the seller and the buyer should always enter into a lease agreement with the option to purchase with a wholehearted attitude to complete the sale. Unfortunately, in the real world, sometimes agreements of all types can’t always be completed. Here, I show both sellers and buyers ways to structure the lease agreement and the purchase option to protect their interests in the property should it become impossible to complete the sale. 

Lease Agreement Protection for Buyers

If a seller tries backing out of a lease agreement with the option to buy, the buyer can always sue the seller to force him or her to complete the deal. But that costs a lot in legal fees and can take years to push through the legal system. Fortunately, there are better options.

I’m going to give you multiple ways of protecting your lease agreement with option to purchase. You don’t need all of them. Typically any one of these will do the job. Still, I’m not giving legal advice. I’m not an attorney. It’s strongly recommended that you seek legal advice from a qualified attorney with full knowledge of the laws in your state.

• Officially record the lease agreement and purchase option. The easiest way to do this is have the paperwork notarized and then recorded in your local public real estate records. If your paper work wasn’t notarized, you can sign an affidavit called a “memorandum of option” and have this filed with your local public real estate records. Neither of these gives you legal right to the property or creates a lien but it does “cloud” the title, making it more difficult for the seller to sell to someone else.
• Escrow the deed. This is one that you probably want to do in addition to recording the lease agreement with option to purchase. Escrowing the deed with a title company enables the title company to complete the sale when the time comes if the seller has died or can’t be found.
• Record a mortgage. This is typically associated with securing payments on a promissory note. However, a mortgage can be used to secure performance on any agreement, including a lease agreement with an option to buy. If the seller fails to perform, you should be able to foreclose on the mortgage to take possession of the property.

Lease Agreement Protection for Sellers

Tenants or want to be buyers don’t always agree to move on when they fail to perform to the terms of the lease agreement with option to purchase. They may try convincing a judge that they have equitable interest in the property. Here is what you can do to dissuade a judge from agreeing with them.

• Keep your lease agreement and option agreement completely separate. The lease agreement should never mention the option agreement.
• Keep the length of the option period short. No more than one year. If the buyer needs more time, allow for a renewal of the lease agreement with the option to purchase.
• You need to continue paying the taxes and insurance. You can collect it through the rent but these need to be paid in your name.
• Collect a security deposit along with the lease option (give separate receipts). You can make the security deposit small but what you are showing is that landlords require security deposits, sellers don’t.
• Carefully consider how much “rent” you’re going to credit towards the down payment. The more “equity” the seller can show a judge, the more likely the judge is going to side with the tenant/buyer.

Following some or all of these methods protects both the seller and buyer in a lease agreement with the option to purchase. Of course, it’s always best when you complete the deal according to the terms of the contract.

If you want to work directly with me on the lease agreement with purchase option business model or any of the other investing models that have proven highly profitable, please join me at www.wendypatton.com/what-is-wendy-pattons-inner-circle.

Besides reading this article about the lease agreement with purchase option investing model, you’ll want to read this other useful information that I offer free. Please take advantage of it today.

Homes for Rent or Flipping for Profits

How a Land Contract or Owner Financing Can Work for You

Real Estate Q&A – Lease Option -V- Lease Purchase

Rent to Own Continues Flourishing

House For Sale – Flipping is Back

Lease Options on a Commercial Investment Property

Several times each week, I make the most current real estate investing information available to readers. This time, it’s about the lease agreement with purchase option investing model but the information I provide changes constantly to stay current with the market. Be sure to check back at: www.wendypatton.com. Also, get started learning how to do NO CASH lease options on real estate by picking up a copy of my bestseller book: Investing in Real Estate with Lease Options and Subject-to Deals.

By Wendy Patton

What did you think of this article? Please leave a comment below.

For more exclusive content, please subscribe to my RSS Feed and YouTube Channel.

I’m often asked what the difference is in realestate investing when it comes to a lease option versus a lease purchase. While the difference may seem subtle, it’s actually significant when it comes to realestate investing. A lease option is exactly what it says, an option to buy but not a commitment. On the other hand, a lease purchase is a full commitment to complete the realestate purchase.

I’ve covered the lease option many times in this column so today I’ll focus on the lease purchase. There are similarities between the two but the firm commitment to make the purchase is the major difference.

1. What is the contractual difference between the two?
2. This is the important difference in these realestate transactions. The lease option involves two contracts. A separate one for the lease and another for the option to purchase but not the obligation to purchase. The lease purchase is often contained in a single purchase and sales agreement. There is a pre-set date that the realestate transaction must close but it’s contingent on one or more terms that must be met before the closing can occur. It could be that the buyer must finish raising the down payment or the seller might need to make repairs. In the mean-time, the buyer leases the realestate. The terms to be met are spelled out in an addendum to the realestate purchase and sales agreement.
3. Why would a buyer or seller want a lease purchase arrangement?
4. There can be many reasons. A typical reason for a seller is he can obtain a higher selling price but wants to be sure he has an obligated buyer that he wouldn’t have with a lease option. The seller might be positive this is the realestate he wants to own but a certain term needs to be completed before the sale can take place. Also, the buyer might be able to have part of the rent applied towards the down payment.

Q3. What should the seller look for in the buyer with a lease purchase realestate transaction?
A3. Typically, the seller wants a buyer that is reasonably strong financially. Often, a buyer that is waiting for another realestate transaction to close that will free up the funds for the down payment.

 

 Q4. Why would a buyer want to enter into a lease purchase agreement for realestate?

4. There can be many reasons such as the need to raise the down payment or have part of the rent apply to the down payment. Or it could be more mundane such as needing to establish two years of state residency or a work history that are often required to qualify for a mortgage.
5. What should be included in the lease purchase contract.
6. This can be tricky and it’s strongly advised that you seek out the services of a qualified realestate attorney. One of the most important terms to be included are the exact conditions that must be met to close the deal. The date the realestate transaction must close by is another important legal point. In addition, who pays for what? For instance, who is responsible to pay the property taxes and insurance along with which party if responsible for any needed repairs. Finally, what are the remedies if either party defaults on the agreement? For the seller, the remedies are typically the same as for any default on a purchase agreement. The seller will keep the earnest money and any above market rents. For the buyer, the remedy isn’t as clear and must be carefully spelled out in the agreement.

If you want to work directly with me on the lease purchase realestate investing model or any of the other investing models that have proven highly profitable, please join me at www.wendypatton.com/what-is-wendy-pattons-inner-circle.

Besides reading this article about the lease purchase realestate investing model, you’ll want to read this other useful information that I offer free. Please take advantage of it today.

Rent to Own Continues Flourishing

House for Sale – Flipping is Back

Lease Options on a Commercial Investment

Several times each week, I make the most current real estate investing information available to readers. This time, it’s about the lease purchase real estate investing model but the information I provide changes constantly to stay current with the market. Be sure to check back at: www.wendypatton.com. Also, get started learning how to do NO CASH lease options on real estate by picking up a copy of my bestseller book: Investing in Real Estate with Lease Options and Subject-to Deals.

By Wendy Patton

What did you think of this article? Please leave a comment below.

For more exclusive content, please subscribe to my RSS Feed and YouTube Channel.

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What often keeps residential investors out of a commercial investment property is the perception that a lot of capital is needed to get started. That’s not necessarily true when you use a master lease option to get into a commercial investment property. 

The principle is that you sign a lease with an option to buy a commercial investment property. You then begin collecting rent from the tenants and pay your lease to the owner. Any difference between what you collect and what you owe on your lease is profit to you.While the master lease option isn’t completely zero down investing in a commercial investment property, it’s about as close to zero down that you’re going to get. The master lease option is the equivalent to the sandwich lease option in residential real estate.

Good Candidates for a Master Lease Option on Commercial Investment Property

A good investment property is often one with good potential upside that the current owner has managed poorly. Perhaps a 16-unit investment property with a 62.5% occupancy rate and the current rents average $125 below market value. Ideally, the investment property has been maintained so that you don’t need to spend money to make repairs. However, some times repairs are needed to get into a good master lease option for a commercial real estate investment property. If you have adequate positive cash flow, you can use the cash flow to make the repairs and any needed improvements over time. Either way, your master lease option needs to be for at least three years to give you time to improve the management of the property to add value.

In the example above, 10 of the 16 units would be rented at $550 per month when you took out the master lease option on the investment property. When you first take over management of the investment property, your monthly gross cash flow would be $5,500. If you fill 5 of the 6 vacant units over the 3 years of your lease option, you’ll have a 93.74% occupancy rate. You’ll also increase the rents by $125 per month to be on par with market rates. This increases monthly cash flow to $10,125. The $4,625 monthly difference in cash flow is profit in your pocket.

Your Profitable Options on This Investment Property

However, commercial investment property is valued based on cash flow. Not only have you dramatically increased the cash flow, you’ve created a big increase in the value of the property.

With the master lease option in place, you now have two profitable options to consider. First is exercising the option to purchase the investment property. The difference between the option price and the improved value is equity in your pocket. You’ll almost certainly qualify for a loan to purchase the property.

If you don’t want to continue managing the investment property or don’t qualify for a loan to buy it out-right, you still have an attractive option. Just like a residential lease option, you can flip your option to purchase this commercial property to another investor to take out the equity you have created.

If you want to work directly with me on this master lease option for a commercial investment property model or any of the other investing models that have proven highly profitable, please join me at www.wendypatton.com/theinnercircle.