BEST ANSWER
You need a Real Estate Attorney
to draft the paperwork, and possibly set up an escrow account.
-----------------------
Is it an OPTION to Buy, or is it a CONTRACT to Buy?
-----------------------
What amount of the Rent, if any, is applying toward a Down Payment?
Many Renter/Buyers assume that all of the rent is applying toward a down payment,
when in fact, none of it may apply.
It all depends on what is written in the Option Agreement, or Contract to Purchase, between you and the Renter/Buyer.
------------------------
If some of the money will apply to a Down Payment,
the Buyer may want it held in escrow by a third party.
-----------------------
Is there an existing Mortgage or Mortgages or other Liens on the Property?
The Buyer may want some assurance or proof that the payments are being made.
------------------------
Will you the Seller be Owner Financing this at the time of Sale,
or will the Buyer be getting New Third Party Financing (Bank or Credit Union Loan)?
If they plan to get a New Loan, have they been Pre-Approved by, or at least met with, a Lender?
-------------------------
What about the Existing Mortgage - is there a Due on Sale Clause that might be triggered
by your agreement? If your Present Mortgage Holder considers the Option or Contract to be a Transfer of Ownership,
it may trigger the Due on Sale Clause in the mortgage (the entire Loan Balance is accelerated and due immediately).
----------------------
Likewise, if the Property Appraiser deems it to be a change of Ownership,
you may face Property Transfer Taxes or Intangible Taxes.
------------------------
Who will insure the house?
Does the Tenant need Renter's Insurance to cover their private property?
What if the house is severely damaged by a storm or a fire - is there a provision for that?
----------------------------
What about the Lease Agreement during the time of the Rental?
Who mows the lawn, who changes the Air Conditioning Filter,
what if the Hot Water Fails or the Pipes Break or the Roof Leaks?
----------------------------
What if, on the scheduled Date of Purchase, the Buyer is not able to perform?
Do they keep on being your Tenant?
What if the Buyer Defaults, or what if he "walks away" - is there a Security Deposit?
------------------------------------------------
*** Again, see a Real Estate Attorney ***
There are serious consequences involved.
------------------------
Best wishes,
Fred
----------
Wed Jul 8 2009, 16:27