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Lease Purchase > Lease Purchase Overview
- Owner
Crown
started doing Lease Purchases in 1988 in response to the increasing
demand from buyers who wanted to buy a home but were not quite
able to qualify for a mortgage. We stumbled through our learning
curves and finally figured it out in the early 90’s. In the
beginning we only closed 50% of them. Today we close over 75%.
We have closed over 250 to date. Broker Robert Locke now teaches
courses on Lease Purchase at local, state and national real
estate conventions.
A Lease Purchase is a contract, between a buyer
and seller, to sell a property with a delayed closing.
The contract
forms are very similar to the ones used in a normal selling situation.
In the purchase agreement all of the issues of the purchase are
addressed including price, financing, taxes, termite bond, title
exam, warranty deed and disclosures. No Detail is ignored. The
closing date, maintenance and possession issues are the only items
that are different. The closing date is agreed upon between parties
(usually 24 months). Maintenance is handled by the tenant and possession
is addressed though a traditional rental agreement.
How Does A Lease
Purchase Benefit The Owner?
- Leases are Long: Regular tenants will
sign a 12 month lease. A Lease Purchase tenant needs two to three
years to clean up credit, save up the down payment or gain the
employment tenure necessary to meet lender requirements. Long
leases eliminate the expenses that accompany vacancies. If they
do not close, you have had a long-term tenant and reduced vacancy
time.
- Maintenance Expenses are Reduced: In a Lease Purchase agreement
the tenant takes responsibility for all maintenance. This can
save you money and grief.
- Deposits are Larger: While an ordinary
tenant deposits one month’s
rent as a security deposit and is fully refundable and held
in the broker’s escrow account. A Lease Purchase tenant
typically deposits two to four times that amount. This money
is called (NON-REFUNDABLE) EARNEST MONEY and is disbursed at
time of move in. When the tenant closes, his earnest money is
credited toward the purchase price.
- You Receive Full Price: Price
is always negotiable but when buyers get “terms” (i.e.
two years to close) they seldom negotiate on price. Since they
have fewer houses to choose from they are less focused on price
and more focused on terms.
- Closing Costs are Lower: Closing costs
are always negotiable. When you are offering “good terms” you
seldom have to pay closing costs. Keep in mind paying some closing
costs improve the chances of closing.
- Better Care of the Property:
Generally tenants will take better care of the property if
they anticipate owning it. They tell neighbors they are the owner
and settle into the community. Crown still inspects regularly
to insure proper care of the property.
- Sell Without a Long Vacancy:
One big expense of selling an investment home is the cost of
getting it in selling condition and keeping it that way until closing.
Mortgage payments, insurance, taxes, utilities, paint, carpet,
lawn care and the risks associated with an empty house can cost
you plenty. These costs are dramatically reduced by getting someone
in quickly. They pay rent right up to the day of closing and
there is no vacancy.
Crown is the only company where the law firm of McCalla, Raymer,
Padrick, Cobb, Nichols & Clark, LLC prepares each lease purchase
agreement and rental agreement. We want it done right… and
so do you.
Frequently Asked Questions About Lease Purchase
Q. Do Tenants ever fail to maintain the Property
A. Yes. Occasionally, even though they agree to fix all problems,
they let things go and damage to the property occurs due to neglect.
Crown maintains regular property visits to monitor physical condition.
Q. What about Rent Credit?
A. Occasionally, tenants negotiate hard for some of the rent to apply
to their down payment. This helps them build their down payment
and improves their chance of closing. The only time rent credit
affects you is at closing. Like earnest money, it shows up as a
credit to the tenant as previously paid money. If they fail to
close they get nothing back. Only you can approve rent credit.
Q. Who is responsible for insurance?
A. You must keep a landlord policy
in effect during the lease period. This policy covers the house and
liability issues. Renter’s
insurance is an option for the tenant but can not be forced.
Q. What if they are ready to close and you
cannot?
A. If you have a title problem or refuse to close you have defaulted
in the purchase agreement. Most tenants are willing to give you
a little time to clear up the problem. If you cannot give them
what you promised (good title), they will get mad and come after
their deposit. They will probably succeed. Do not contract to sell
to anyone if you cannot deliver good title.
Q. Is it easier to Lease Purchase than sell?
A. Yes. Offering your home for Lease
Purchase exposes it to a larger segment of the buying public. You
will appeal to a group of buyers you cannot reach using only the "For Sale" approach.
You will solve your vacancy and cash flow problem quicker using
Lease Purchase.
Q. What are the Chances of a Lease Purchase
Closing?
A. Since the early 90’s Crown has had great success closing
the Lease Purchases we have structured. We have gone through our
learning curves and corrected the mistakes we made in the late 80’s.
Experience is a great teacher. We are careful not to create false
hope for either party by making deals that have little hope of closing.
We do not hit 100% because we can not control what people do, but
we close over 75%. The good news is, if you look at the benefits
of the Lease Purchase, there is no downside for the Owner. You win
even if the tenant fails to close by having a two-year tenant who
takes good care of the property and leaves money behind when they
move out.
Q. What are the costs?
A. The fees for a Lease Purchase are
the same as a regular lease and sale. Crown gets a Procurement Fee
for renting the property, and a Monthly Management Fee for managing
it. We manage Lease Purchases the same way we manage our other properties
except for maintenance. Commissions for the purchase and sale agreement
are the same as for any brokerage agreement. As licensed brokers
we sell many homes to tenants. We get our commissions as you get
your equity.
Q. What happens if the Tenant Fails to Close?
A. We find that one out of four do not close for one reason or another.
We regularly contact the tenant and discuss closing options. If
they need more time to close we frequently extend the closing date.
Again, you are in control of this so you will make these decisions.
If they plan to move there is not much we can do about it. They
forfeit their deposit and will still be responsible for leaving
the property in good condition. We will begin marketing per your
instructions and complete a normal move-out inspection. Often,
the property is returned in better condition than when the tenant
moved in. Occasionally, the tenant makes improvements that stay
with the property and actually increase the property's value.
You win whether they close or not! There is no downside to a Lease
Purchase.
Q. Who pays Association Dues?
A. If it’s mandatory, you should
pay it. Unpaid association dues can result in a lien on your property
and costly legal fees. You do not want to put that responsibility
in the hands of the tenant until they become the owner.
Q. Why do
I need Crown to Manage a Lease Purchase?
A. Getting contracts signed is just the beginning of the process.
A Lease Purchase does not eliminate the management problems it
simply puts a tenant on a path toward buying. Sometimes tenants
fail to pay rent, some bounce checks, others harbor undisclosed
pets and let properties deteriorate. We all want to think they
are different than other tenants because they have more money at
stake and have signed a purchase agreement. The fact is they are
still “Homeowners in training”. Some of them have a
long way to go. Training them is an ongoing process. Attentive management is needed.
Q. Can I put my property on the market for
sale, lease purchase and rent, at the same time?
A. Yes. We Do it all the time.
View
our lease purchase agreement » 
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