Looking at a lease-purchase; basic terms are lease is 6 months, sooner if I sell my current home and want to close on new home before 6 months is over

Helaurin
Both Buyer and Seller
Havertown, PA

Roughly 1/3rd of monthly rent goes to downpayment. We had inspection done, and there are some issues (needs half of the roof replaced, estimated cost nearly $5k; several windows, some electrical and safety issues, etc... estimated total repairs around $8K. What's normal for how the repairs are handled in a lease-purchase? Should the seller repair these items before we move in? The inspector and than an independnet roofer said the roof needs immediate replacement, but the lease states that if anything needs repair or replacement after we move in, that it's our responsibility to fix/repair as tenants. Thoughts? I'm thinking that although I'd love for the seller to offer us a credit to fix the roof ourselves, I'm reluctant to sink thousands of dollars to repair the property before I actually own it.

Answers (2)
Joe Salcedo
Broker
San Jose, CA

Actually if you are leasing the property the Landlord/Seller is the one to do all work to be
done before you move in but it can be done in the other way. Why don"t you ask to hold
money in Escrow by the time it close you will fix all the estimated repairs.

Mon Sep 28 2009, 21:36
HHI Investing,...
Both Buyer and Seller
Hilton Head Island, SC
FIRST ANSWER

Hey there Helaurin,

There are 3 rules when doing lease-to-own deals:
1. You can negotiate everything
2. There are no rules
3. Refer to rules 1& 2

I'll give you some ideas as how to work these concerns:

~You could ask the landlord/seller to fix the roof and you will pay a higher purchase price at the time you exercise your option.
~You could go 50/50 with the landlord.
~You could tell the landlord that you will take the house in an as-is condition for a lower purchase price, a higher monthly rent credit, or less upfront option consideration.
~You could agree with the landlord/seller that you will fix all the problems if he/she will agree to credit you the repair amount at the time of purchase.
~You could agree and re-write the lease so that any repair over $2000 is his/her responsibility and any repair under $2000 is your responsibility.
~You could have the landlord pay for all the repairs now, then create a note which states that the repairs will be payed back in installments on a monthly basis for $xxx amount after the purchase of the house (so that you're not having to pay a lump sum all at once right after closing).

As you can see.....your solutions are only limited to your imagination and creativity when doing a Lease Purchase. Then have them written into the lease agreement and the option agreement. That's why I LOVE THEM! :-)

I guess it boils down to this...... What ARE the chances that you will follow through and purchase the house versus NOT exercising your option to purchase. Only YOU can prevent forest fires.....oh wait!......wrong speech.....sorry. Only YOU can decide. :-)

Hopefully i've given you some food for thought.

Best of Luck,

Darin
Lease-to-Own Professional and Independent Consultant

Mon Sep 28 2009, 21:28

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