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Rent-to-own housing can be tricky because the landlord might decide the potential homeowner is responsible for repairs and property taxes during the lease period, said Rich Verrillo, a senior housing partnerships manager for Navicore Solutions, a Manalapan, N.J.-based member agency of the National Foundation for Credit Counseling. Working out all the details before the contract is signed is vital.
When you lock in a purchase price up front, you also risk watching the home’s value drop during your lease. If that happens, you could be stuck paying an inflated price for the home simply so you don’t lose your option fee and rent credits. Be sure to research home prices and do a home inspection before signing — these things will help you be more confident that the home is actually worth the price.
Maintenance. In a rent-to-own agreement, the seller may ask you to cover costs such as repairs, maintenance, HOA fees and property taxes while you’re renting. You could be on the hook for everything from landscaping to a broken air-conditioning unit. That’s why it’s so important to walk through the contract with an attorney who can clearly explain what each party is responsible for.
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First and foremost, while these agreements tend to favor the landlord, they are not foolproof. A landlord truly hoping to sell risks a tenant walking away from the property at the end of the contract period, and thus having to put the property on the market all over again. Landlords often find themselves in hot water if tenants were responsible for repairs and maintenance, but then walk away from the deal without taking those duties seriously. Finally, landlords risk agreeing to sell the property for a set price, only to see the home appreciate in value during the contract period.
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One drawback of the rent-to-own selling option is that you might want to sell your house or condo sooner, and if your contract or lease doesn’t allow for you to do so, you could be locked into the terms you agree to with your tenant/buyer. Consult your attorney on how to make this sale provision of your contract negotiable if you need this flexibility.
This is your safest option, and likely the one most financial experts will recommend. If you’re truly committed to saving up and building your credit, there may be little reason to jump the gun with a rent-to-own deal. After all, if you can afford the option fee and higher rent that these deals require, then put all that money you saved in a high-yield savings account or money market account. Continue to add to it by finding a place with lower rent, and give yourself the freedom to obtain a mortgage the regular way in the future.
Example: Jane falls in love with a lovely cottage in her desired neighborhood and is eager to buy it. However, she hasn’t saved any money for a down payment and is worried that her bad credit won’t allow her to get a home loan. The owner of the cottage offers to let Jane rent to own the property. Jane agrees to pay a monthly base rental of $1,500 plus an added $500 to go towards a down payment. The rent to own contract specifies that Jane can purchase the cottage in 36 months for $90,000.
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You may lack the credit score and traditional 20% down payment for a traditional mortgage, but remember to investigate an FHA loan. If you’re a first-time buyer, you can put as little down as 3.5% if you have a credit score of at least 580 and meet other criteria, such as steady employment and a certain debt-to-income ratio. You will, however, have to pay mortgage insurance to help lessen your lender’s risk.
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An important thing to consider that many buyers forget to include in their contracts is home maintenance responsibilities. Your agreement should state who is responsible for routine maintenance and extensive repairs. Local laws may complicate things, because in some areas, landlords are required to perform certain duties regardless of what your agreement states.
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There are actually two types of contracts: a lease-purchase and a lease-option. With a lease-purchase contract, you're locked into buying the home by the conclusion of the contract. If you don't, you will forfeit all the money you’ve supplied to the seller over those years and could also face legal action. If you choose this route, you should be absolutely clear on your long-term plans and financial outlook. Plenty can happen to your life and livelihood that could affect whether you can (and want to) own this house.
Depending on the terms of the contract, you may be responsible for maintaining the property and paying for repairs. Usually, this is the landlord's responsibility, so read the fine print of your contract carefully. Because sellers are ultimately responsible for any homeowner association fees, taxes and insurance (it’s still their house, after all), they typically choose to cover these costs. Either way, you’ll need a renter’s insurance policy to cover losses to personal property and provide liability coverage if someone is injured while in the home or if you accidentally injure someone.
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In April of 2000 the FTC released the results to a survey of 12,000 randomly selected U.S. rent to own customers. This survey represents people who purchased any type of product rent to own industry. Most of the purchases were for home electronics, furniture & appliances. While the purchase prices are far smaller than the cost of a home, many of the concerns are similar to those who are renting a home.
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