Lease Option Forms and Contracts

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Lease Option Forms and Contracts

I regularly receive questions about lease option forms and contracts and

respond to them for the benefit of everyone interested in a lease option forms

and contracts. If you have questions about the lease option process, please

leave them in the comment box below.

Lease Option Contract Q&A

Q #1: I sent out postcards this week for sellers interested in a lease option 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 a lease option contract work with condo owners?

A #1: Sure a lease option contract will work 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 (only in a few select areas), but in Chicago

they are very hip. A lease option contract can work with a condo in

the right areas. Consider though who will pay the home owner

association fee – I would want the seller to remain responsible for this

Q#2: A single woman with a three bedroom, three floor town-home, wants to

live in Germany part time and stay with her son here in NJ the other

months. She has a low mortgage (has not told me exactly what yet) and is

willing to rent and pay for the monthly HOA. When I asked if she wanted

to sell with a lease option, she said yes! She did ask me what I charged to

do this and I told her nothing through my lease option contract 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 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.

A #2 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 contract 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.

Q #3: When you sign the lease option contracts and forms is that exercising

your lease option contract?

A #3: No, signing the lease option contacts and forms is not the same as

purchasing the property. It gives you an exclusive right to purchase

the property by a specific date but does not require you to make the

purchase.  Exercising the lease option requires completing the same

purchase agreement that buyers use for a traditional purchase.

Q #4: I read that if you sell a home on a lease option contract and don’t close

before 3 years you loose the capitol gains exemption. If that happens,

couldn’t you close with the mortgage that you could afford and take a

second? (making sure we are in full disclosure of the lending company of


A #4: Do sellers in your area have lots of capital gains now? If not, it’s not an

important thing for you to be worried about. Only when you know that

have a huge gain. Not equity. Gain.

Q #5: Is an Offer a cash out deal? I’ve only closed on 4 deals I don’t know the

difference between terms and offer. If I offer $3000 down and $1000 a

month isn’t that terms?

A #5: Terms are what go into an offer. Like monthly payment, lease option

contract fee, down payment, price, etc. The offer is the purchase

contract signed with the terms included.

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