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However, for some owners, a rent-to-own contract can be a great option. This tends to be the case when an owner is relocating from a cool market and wants to buy in a new market, but they cannot afford to carry two mortgages at once. Renting the home they’re trying to sell will help to offset their debt-to-income ratio and make it more likely that the sellers will qualify for a mortgage on a new home once they relocate.
This option, also referred to as a land installment contract or contract for deed is the most popular contract for RTO agreements. A lease purchase contract uses traditional rental contracts, and it locks the tenant into purchasing the house once the contract is up. It should include rent amounts and due dates, rent credit amounts, property price, terms and rules, and duration of the contract. You will also have to decide who takes care of maintenance and repairs while the RTO contract is binding, and what portion of the rent payment goes to the down payment amount as a rent credit. This type of contract makes it mandatory for the tenant to purchase the home once the contract is up. If they choose not to, or if they're unable to, they can face legal issues.
The cost incurred by consumers in rent-to-own transactions has been the subject of long-term debate and differing opinion. Historically, consumer advocates, some U.S. state attorneys general and some academic researchers have expressed concern that consumers entering into rent-to-own agreements may be unaware of the potentially high long-term costs of rent-to-own in comparison to traditional installment or layaway plans. Often mentioned alongside most critiques is the question of whether prices paid for services of this type are adequate for lower-income individuals who can least afford additional financial outlays. At the same time, other academic researchers and representatives of industry associations have contended that rent-to-own transactions are not comparable to traditional methods of purchasing or financing consumer goods, in that they include services such as delivery, assembly, service and repair, all of which are factored into the higher assessed value and corresponding price charged. Also frequently noted by proponents of the unique nature of rent-to-own transactions is the point that they are not obligations to purchase, since the agreement can be terminated by the lessee at any point in time with the return of the property. Research conducted by the University of Massachusetts Dartmouth in 2003 found that 90% of rent-to-own merchandise is returned with less than 36% of the scheduled weekly payments made, suggesting that transactions of this type are "more frequently used for short-term needs rather than as a method of acquisition."
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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.
It's Flexible. While you will have more flexibility initially with this type of contract than with a traditional mortgage, once the contract is signed, it's pretty set. It is very rare that both the buyer and the seller agree on alterations to the original contract. The price of the property is usually set, and this is the price that the buyer will have to pay once the contract is up, regardless of the home's current market value.
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If they want you to do a rent to own. get a contract or ask them to just sell it to you on a wrap and then you record the deed/contract. Even if the paperwork says “this document cant be recorded” (it’s bs) Recording anything does not invalidate it. But if you buy the property on a wrap around mortgage you need to make the payments directly to the lender. NOT THE PERSON YOU ARE BUYING IT FROM
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One of the challenges of rent-to-own contracts is that there is no uniform agreement for parties to use—unlike what you’d expect with traditional, state-sanctioned lease or purchase and sale agreements. In fact, rent-to-own agreements are rarely regulated by the government. As a result, rent-to-own agreements can look markedly different from transaction to transaction, with the property owner nearly always retaining the upper hand.
Another plus is that lease options typically apply a portion of the rent paid towards the down payment on the home and because of this they work as a great way for people to purchase a home when they don't have the money readily available for a down payment. First time buyers should take a look at a lease option as a simple and effective way to defer buying a home while saving more for that down payment.
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Make sure that you obtain a home loan pre-approval letter from your lender at the beginning of your home search. A pre-approval letter is a formal statement from the lender detailing the amount of money, and with what terms, the lender is willing to provide. Once you receive the pre-approval letter, you’ll know the maximum amount that you can afford to spend on a house.
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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.
What if you couldn’t afford this as a home buyer, but you still wanted to rent the home? You must ask the seller if the home could be rented for cheaper without the rent-to-own option. Usually this is the case, because most mortgage lenders only allow the down payment accrual to be a sum that’s above the local market rent. So in this example, not having a rent-to-own option might mean your rent is $1,200.