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While rent-to-own transactions are most commonly conducted for purchasing consumer goods at a retail store, this term also describes a specialized real estate agreement. The rent-to-own housing option is typically exercised more often during housing market downturns, such as the late 2000s (decade) financial crisis. Because the most recent housing market downturn was accompanied by protective regulatory scrutiny of lending practices and consumer credit agencies, acquiring a loan has become more difficult for Subprime borrowers. Some have opined that residential home rental may become the new normal, whereas proponents of rent-to-own real estate agreements argue otherwise.
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There’s no standard rate for option money, which can range anywhere from 2.5% to 7% of the total purchase price of the home. If you were buying a home for $250,000 and paid a 3% option consideration, you would pay $7,500 up front. It’s smart to have that money go toward to purchase price at closing so make sure it’s included as a clause in your contract.
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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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Let's say you're living in the home for 3 years before deciding to purchase it. The purchase price is $300,000. Your monthly rent is $1,650, and $300 of that goes toward the down payment. By the time the lease expires and you're prepared to purchase the house, you've already given a $10,800 down payment over three years. That's nearly 4% of the original purchase price, knocking it down to $289,200.
The legal controversy surrounding rent-to-own transactions has centered primarily on the question of whether the transaction should be treated as a lease or a credit sale. The industry has contended that the transaction is a lease; while consumer advocacy groups have advocated for the transaction to be treated as a credit sale. As of 2011, forty-seven U.S. states, Guam, Puerto Rico, and the District of Columbia have passed laws characterizing the transaction as a lease. Of the five U.S. state supreme courts that have addressed the question, three (Massachusetts, Arkansas and Maine) concluded that the transaction was a lease. New Jersey and Minnesota concluded it was a credit sale based upon those states’ credit laws. A federal district court in Wisconsin also found the transaction to be a credit sale under Wisconsin state law.
A lease option is a contract between the potential tenant and the seller that specifies the agreement to rent the property for a set amount of time and it comes with a right to refuse option that gives the potential buyer a way out at the end of the contract's termination date. It should include how much the rent is, when it is due, fees, penalties, security deposit amounts, pets, smoking requirements, parking, maintenance responsibilities, and utilities. The main difference between a traditional lease and a rent-to-own lease is deciding who will pay for upkeep and maintenance. In a traditional lease, a landlord would take care of all of these things. With RTO, the tenant might be responsible. It should also clearly specify that any rent credits or any amount of money that the tenant has had set in escrow becomes forfeit if they choose not to purchase the home. This releases them from their obligation to purchase the property, and the seller is responsible for finding a new tenant.
Your contract may state that you, as the buyer, have to pay for repairs, homeowner fees, property taxes, and insurance while renting. Other contracts will stipulate that the current owner (the seller) covers these costs. It’s important that your contract clearly state who will cover repairs, because you might get stuck fixing a water leak on a home that isn’t legally yours yet. You should still have renter’s insurance to cover any issues in the interim.
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In a sense, it can slow down the process in a beneficial way for the buyer. Someone with bad credit now not only has a place to live, but a timetable to try and get their credit to a more respectable level in time for the lease to end and a purchase to be made. Someone down on their luck with regards to jobs and illnesses has time to recover physically, mentally and financially without the stress of worrying about their living situation.
Maintenance. Usually, there are specifications in the contract concerning maintenance. It isn't uncommon for the person who is purchasing the property to maintain it while they're living there. The tenant can be asked to pay for any repairs, property taxes, insurance, and any homeowner's association fees. Since it is the seller's home, they are technically responsible for taxes, insurance, and homeowner's association fees but they could ask the tenant to pay them. Either way, the tenant will need renter's insurance. It is up to the potential seller to specify what is covered by maintenance and what is not covered. This is very important because if nothing is specified, the tenant could end of doing major repairs instead of basic maintenance.
Once you fully understand all the terms of the rent-to-own agreement -- and have had an attorney look it over and provide feedback -- it’s time to finalize the deal. Of course, signatures from both parties will be required at this time, as well as upfront payments such as the agreed-upon “option fee,” the monetary consideration that is necessary to make the rent-to-own contract binding.