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Rent to own Lease/Option agreement form question?

We are entering a new phase of our life, purchasing a home is tangible...

Can someone out there please assist me in looking over a Lease with Option to own agreement to be signed by Landlord / seller and see if this would be considered a "good standing contract", if in fact there are any disputes? Are the basics pretty much covered for the landlord and myself?

All address and Names will be added later.

Please let me know if I am missing anything. - Also where it is in the contract that (whatever is missing) should be added?

Thanks for your time, I really aprreciate it! JUST trying to cover our tushies!

This LEASE AGREEMENT WITH OPTION TO PURCHASE REAL ESTATE (hereinafter referred to as the Lease/Option) is made on this _day of _, 20_, by and between the following parties:

located at: _ (hereinafter referred to as the Tenant/Buyer); and _located at_(hereinafter referred to as the Landlord/Seller).

In consideration of the mutual promises and covenants herein, the parties hereby agree as follows:

(1) DESCRIPTION: The Landlord/Seller agrees to lease, and the Tenant/Buyer agrees to rent the real property and improvements, located at: _

as more fully described as follows:

(hereinafter referred to as the "Property".)

(2) TERM: The term of this Lease/Option shall be for a period of 12 months commencing on _, 20_, and ending on _. The term will be automatically extended for _ periods of _ months, unless the Tenant/Buyer gives notice to the Landlord/Seller of its intent to terminate this Lease/Option, by mailing a written notice to the last provided address of the Landlord/Seller, or until such time as Tenant/Buyer exercises its option to purchase the Property. Liability for payment will not extend beyond notice to terminate this agreement.

(3) POSSESSION: Possession shall be delivered by keys and physical possession given to the Tenant/Buyer on (date).

(4) RENT: Tenant/Buyer agrees to pay the lender of Landlord/Seller’s current mortgage or trust deed, the sum of $625.00 per month, with the first payment beginning: $625.00 + $1,250.00 as rent and deposit for the Property, for the term of this Lease/Option, and during any extension thereof. All rental payments shall be due and payable in advance of the 10th day of each and every month.

Optional: An amount equal to ______ for each month in which rent was paid, shall be credited to the Tenant/Buyer and applied to the purchase price of the Property in the event that the Tenant/Buyer exercises its option hereunder.

(5) OPTION TO PURCHASE: The Tenant/Buyer, as part of the consideration herein, is hereby granted by the Landlord/Seller the exclusive right, option, and privilege of purchasing the Property at any time during the term of this Lease/Option or any extension thereof.

(6) LIQUIDATED DAMAGES: Should Tenant/Buyer default on this agreement, Landlord/Seller shall keep all monies paid as liquidated damages.

(7) COVENANTS OF TENANT/BUYER: Commencing with entering the term of this agreement, including extensions, the Tenant/Buyer hereby covenants and agrees as follows:

(A) That the Tenant/Buyer will pay all utility charges and bills, including, but not limited to water, sewer, gas, oil, and electric, which may be assessed or charged against the Property.

(B) That the Tenant/Buyer will not use the Property for any unlawful purpose and that the Tenant/Buyer will conform to and obey all laws, ordinances, rules, regulations, requirements and orders of all Federal, State, and Local governmental authorities, agencies, departments, bureaus, boards or officials, respecting the use of the Property; and

(C) That the Tenant/Buyer will surrender and deliver up the Property, at the end of the term or any extensions thereof, should the option herein not be exercised, in as good order and condition as the same now exists, reasonable use and natural wear and tear excepted.

(8) COVENANTS OF THE LANDLORD/SELLER: The Landlord/Seller hereby covenants and agrees as follows:

(A) That the Landlord/Seller shall pay for and maintain fire and extended coverage insurance on the Property in minimum amount of $. The Tenant/Buyer shall b

Update:

I could very well be getting myself into something that is much greater then I can possibly imagine. There are some details left out:

1. At the moment I am only going to be the renter with an OPTION to purchase within 12 months - or move out. - He is defiantly going to sell the house by next year - and if don't jump on our credit in 12 months - lease is up and the house is going to be sold to someone else.

2. By next year, we will have the credit needed to purchase the house through a bank, and let the bank hold the title. Therefore, going through the process the legal/legit way

3. I know alot of people get screwed this way, I am hoping that being the renter and having a contract we will at least be covering our behinds if we chose to improve the house- my hunny is in home renovations business, and this house needs some TLC...

I could be making the biggest mistake ever- or making the best one - Rooting for #2

thanks again all for your suggestions, and believe me they are duly

Update 2:

I could very well be getting myself into something that is much greater then I can possibly imagine. There are some details left out:

1. At the moment I am only going to be the renter with an OPTION to purchase within 12 months - or move out. - He is defiantly going to sell the house by next year - and if don't jump on our credit in 12 months - lease is up and the house is going to be sold to someone else.

2. By next year, we will have the credit needed to purchase the house through a bank, and let the bank hold the title. Therefore, going through the process the legal/legit way

3. I know alot of people get screwed this way, I am hoping that being the renter and having a contract we will at least be covering our behinds if we chose to improve the house- my hunny is in home renovations business, and this house needs some TLC...

I could be making the biggest mistake ever- or making the best one - Rooting for #2

thanks again all for your suggestions, and believe me they are duly

6 Answers

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  • 8 years ago
    Favorite Answer

    Lease to own seldom ever work out well for the buyer.

    Issues: Who pays the property taxes?

    Liquidated Damages: Don't allow the seller keep any excess money that you might have paid as additional rent or buy down.

    There should be an agreed purchase price of the property in the agreement. In addition, what happens if the property doesn't appraise for the agreed purchase price? The seller should lower the price to the appraised value.

    How do you know if there are not tax liens on the property or if the seller has clear title to be able to sell it. What if liens on the property occur while you are living there.

    This agreement is not specific enough and you need to let real estate attorney read the contract before you enter into it.

    ---------------------------------------------

    What's the point of getting into an obligation today? A year from now it is likely that there will be other homes that you like better for maybe a better price. This whole thing might be a mute point if you can't get a loan in a year. Hopefully you will be able to and so why tie yourself to just one property? What would be the advantage of that? Just keep saving your money, lower your debt, and pay all of your bills on time for the next 12-18 months.

  • 5 years ago

    2

    Source(s): Rent-To-Own Homes : http://renttoown.trustdd.com/?AHjq
  • wizjp
    Lv 7
    8 years ago

    I see at least 6 different issues that would arise from using that contract if someone dies, defaults, is foreclosed, fails to pay taxes, can't get financing....

    This is NOT a time for a DIY cheap moment. Get a GOOD LAND CONTRACT lawyer; one who has done a few hundred of these.

    This is penny wise and dollar foolish.

  • Anonymous
    8 years ago

    As a licensed real estate broker I can guarantee that a lot of would-be buyers are taken advantage of with this form of purchase, and lose a lot of money. I strongly urge you to hire a lawyer and let him handle it for you.

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  • 8 years ago

    NEVER enter a contract of this type without consulting a lawyer PERIOD!

  • Rob
    Lv 7
    8 years ago

    Plain and simple = forget it.

    either Buy it out right

    Sell it out right

    OR keep renting.

    R2O are ripp offs often.

    Source(s): builder, landlord
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