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What is a Lease Option to Purchase?

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Often the biggest obstacle to becoming a homeowner is coming up with enough cash for a down payment. One way for cash-strapped home buyers to realize their dream is to lease a home with an option to buy.

Here's how a lease option works. The buyer (called an optionee) leases the property from the seller (called an optionor) for a period of time. The lease contract gives the optionee the right to buy the property at the end of the lease period, or earlier by mutual agreement, at a price agreed upon in the contract.

The optionee pays a sum, called option money, to the seller at the beginning of the lease. This money is applied to the purchase price of the home if the option is exercised. The option money is forfeited to the seller if the optionee doesn't go through with the purchase. The option money is non-refundable.

Like any contract, the terms of a lease option are negotiable. The length of the lease typically can be 12 to 24 months, but anything may be agreed upon. The amount of the option money, the purchase price and the rent amount per month may also be up for negotiation. Sometimes a seller will agree to credit a portion of the rent toward the purchase, providing an additional incentive for the buyer to go through with the purchase. One thing is certain: during the lease period, the seller cannot sell the property to another buyer!

Even though the amount of the option money is negotiable, it's usually less than the down payment amount required to purchase the property following conventional practices. So for relatively little cash up front, a lease option allows the buyer to tie up a property at today's prices, and live in it before making a decision to purchase. If you're buying in a market where home prices are rising, a lease option might be a wise choice because you set the purchase price up front.

There are two parts to a lease option agreement. The first deals with the terms of the lease (rent), and looks like a standard lease agreement. The second deals with the terms of the purchase and looks like a normal purchase agreement.

Home buyers who have a house to sell in another location may be able to lease option a home to give them a place to live and time to sell their home. Then they are able to use their equity from the sale to purchase the home they are renting at an agreed price.

NOTE: Since you forfeit your option money if you don't go through with the purchase, don't option a property that you have no intention of buying




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