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Rent to own, which is also known as a lease purchase, is a contract between you and the seller to buy a house at a future closing date. This can be anywhere from one to three years after the contract is signed. Only 1% of first-time home buyers were renting to own last year according to the 2016 Profile of Home Buyers and Sellers published by the National Association of Realtors.
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Buying the Property. Once the term is up if the potential buyer decides or isn't able to buy the home, the RTO offer expires. The buyer will forfeit any money they have paid in, including option money and rent. If there is a legal obligation to purchase the property and the buyer forfeits, court proceedings may begin. At the end of the RTO term, if the tenant wants to buy the property, they usually apply for a mortgage. They may deduct the option money and any rent they have paid in so far from the total purchase price.
There used to be a distinction between a lease-option arrangement and a lease-purchase deal. Lease-option meant that at the end of the term, renters didn't have to buy the house. They were contractually obligated to buy it in a lease-purchase deal --- whether or not they could afford it. People now use the terms interchangeably, so be clear on exactly which contract you're entering into [source: McLinden].

A rent-to-own agreement allows would-be home buyers to move into a house right away, with several years to work on improving their credit scores and/or saving for a down payment before trying to get a mortgage. Of course, certain terms and conditions must be met, in accordance with the rent-to-own agreement. Even if a real estate agent assists with the process, it’s essential to consult a qualified real estate attorney who can clarify the contract and your rights before you sign anything.
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This can be a win-win for both seller and tenant. Many sellers offer this option if they are having trouble unloading the house and can no longer afford the mortgage payment. Often, you will find that sellers offering rent-to-own as an option are individuals who have already moved into a new home and are trying to avoid paying double mortgages for the long term.
We are not Realtors who are selling someone else’s homes, bankers or loan brokers who get paid to find you a loan. We are actually the owner of some lovely homes that are available for purchase in various ways including lease to own. Since we own the homes, many times (depending on your circumstances) we are willing to finance all or part of the purchase ourselves or lease to own them to you. All the normal rules concerning credit, debt ratio and proof of income are thrown out the window. Since we own the homes, we can be very creative with the financing and structure it to fit your needs.
Now if you really want to own a house using a rent to own will be the easiest way. Look for an individual or a company that is reputable and selling homes through a rent to own program is their business. You want to make sure you are dealing with professionals. Have your attorney review the agreement and have him to record the agreement on title. You should also consider buying a home using a land contract or using a wraparound mortgage. Always remember that however you acquire the home if you are making payment to the seller/home owner he or she may not be making payment to his mortgage and you could find yourself with a notice on your door telling you to more out because the owner was foreclosed. If this happens you will lose everything so make sure you discuss all the pros and cons with your attorney.
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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.
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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A rent-to-own agreement allows would-be home buyers to move into a house right away, with several years to work on improving their credit scores and/or saving for a down payment before trying to get a mortgage. Of course, certain terms and conditions must be met, in accordance with the rent-to-own agreement. Even if a real estate agent assists with the process, it’s essential to consult a qualified real estate attorney who can clarify the contract and your rights before you sign anything.
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Q: It has been almost a year since the short sale of our previous home. We don't believe we will be able to qualify for a mortgage for a while yet. Do Realtors assist buyers in finding a situation where we could rent a home for a period of time (say, a year), with the intention of purchasing it at the end of that time period? Or is that not really something Realtors do?
In a lease-option agreement, you will have to give a usually nonrefundable payment at the beginning of your lease term. This payment, known as option money, is a small percentage of the purchase price of the rent-to-own house. If the aforementioned $300,000 rent-to-own house had a contract stipulating 3% in option money, you would be required to pay $9,000 at the beginning of the contract.
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Trust us; it’s worth it to buy a house the smart way. If you need time to clean up your finances, that’s okay. There’s no shame in renting while you pay down debt and save an emergency fund. In fact, that’s the best thing you can do! After your finances are in order, you can start putting money aside for a hefty down payment. Don’t buy a house—or sign an agreement to buy a house—when you’re broke!

Making your lease payments on time can help improve your credit. Just make sure your landlord/seller reports your rental payment data to the major credit reporting agencies.  There are many other things you can do to improve your credit score while you’re in the rental period of your lease agreement. Start by requesting your free credit report. Federal law entitles you to one free credit report once a year from AnnualCreditReport.com, a website set up by the three major credit bureaus.
The biggest con of rent-to-own for a seller is that if a willing buyer showed up on your doorstep offering full price (or more) for your home, you would have to refuse — your tenant’s lease option gives them that right exclusively during the contract term. If you lock in a purchase price initially (the most likely scenario), you may leave money on the table over a traditional sale if your home’s value climbs dramatically.

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Just remember, you will need to get the seller to agree on not only the rent to own agreement, but the terms of the agreement. i. e., length of the agreement, usually, one to two years; the percentage of the rent which gets applied to the sales price or closing costs, etc. If you get lucky, the seller may also be interested in doing Seller Financing with you. Just be sure to have a lawyer review any agreement before you sign it. A little legal cost upfront could save you thousands of dollars down the road.
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