If you have a lease-purchase contract, you may be legally obligated to buy the property when the lease expires. This can be problematic for many reasons, especially if you aren’t able to secure a mortgage. Lease-option contracts are almost always preferable to lease-purchase contracts because they offer more flexibility and you don’t risk getting sued if you are unwilling or unable to buy the home when the lease expires.
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Before you sign a rent-to-own lease from your landlord/seller, you should get pre-approved for a mortgage at the purchase price stated in the contract or lease to ensure you can afford the home. If you can’t, renting-to-own may not be the right option, because the contract could inflate the rental price slightly to account for the contribution of the rent payment that’s accruing toward your down payment (more on this below).
The primary benefit is the ability to live in your future home while you make payments toward a down payment. If all goes well, you get to enjoy living in your new home before buying it. It’s often possible to negotiate with your landlord over such things as painting the walls and owning pets to a more prominent degree than you may be able to in a standard rental agreement.
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Tenant/buyers who have imperfect credit scores are typically drawn to rent-to-own properties[36] since the lease terms allow them to live in the home while they take the steps necessary to fix their credit and secure a mortgage. Most lease purchase agreements allow them to lock in a market rate when they sign the contract. People with poor credit find the leasing period a crucial opportunity to repair their financial profile to secure a loan. A common complaint tenant/buyers have with rent-to-own agreements, however, stems from their inability to secure a loan in time to purchase the property, whether due to insufficient downpayment or credit, at which point they are left to restructure the agreement or forced to walk away.
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The rent-to-own market segment of the real estate industry is not particularly regulated, nor are these transactions carefully tracked. However, a number of horror stories have made their way into the headlines. Most pertain to landlords who took advantage of low-income or unsuspecting renters by structuring the agreements to make tenants responsible for maintenance and repairs, but not disclosing to the renters that the homes were riddled with code violations.
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.
Rent-to-own agreements should specify when and how the home’s purchase price is determined. In some cases, you and the seller will agree on a purchase price when the contract is signed – often at a higher price than the current market value. In other situations, the price is determined when the lease expires, based on the property's then-current market value. Many buyers prefer to “lock in” the purchase price, especially in markets where home prices are trending up.
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If your budget can’t tolerate the mortgage in those communities, you can still enjoy a pleasant living environment in neighborhoods like Aliante. This is a family-friendly community with a suburban feel, and you have access to multiple parks and schools within close proximity of residential areas. Henderson and Summerlin are larger neighborhoods that offer similar suburban living environments with reasonable housing prices.
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