Lease purchasing a home in Georgia, does a the Leasor have a right to have a key to our home and to come in?

Asked by Wendy G, Douglasville, GA Tue Dec 16, 2008

Not lease option. Lease purchase. We are to pay the payments, insurance, taxes, upkeep, and for any improvements. We have to relocate and we wanted to take advantage of all the deals out there. I searched for 4 months and found a short sale. The agent did not find this house. We found it, and agent and a friend of ours got a mortgage on this until we get our own financing. We have to bring Line 31 up on our taxes and improve our credit score. We have to pay the agent and our friend back their downmpayment. We have to pay her and extra 5000 for the 15000 she put in for the downpayment. Agent has became strange since the house appraised for 30,000 more than the sale price. She knew we were looking for a deal like this. Our friend will not allow Agent (his friend) to profit any more than her 5000 and commision. We never agreed to anything beyond the paying back their downpayment plus her extra 5000. Agent wants a key and says she can come in whenever she wants. It doenst feel right.

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Fred Griffin, , Tallahassee, FL
Thu Jul 16, 2009
See a Real Estate Attorney, immediately.

This sounds like a mess.


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Best wishes to you,
Fred
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0 votes
Leasing To O…, , Dallas, TX
Thu Jul 16, 2009
It all depends on the details of the contract you signed.

***Let me first state that I'm NOT an Attorney and I'm NOT giving legal advice but simply my opinion as to how many deals I know of have been put together.

Most Lease Purchase agreements state somewhere about Right Of Entry or Access. However each contract/paperwork is different. My Lease-to-Own agreements, which DO contain an Option Agreement (in South Carolina) state specific references to rights of privacy and access with specific notices when the Landlord needs to get in.

You've heard that "the Devil is in the Details...." well, it's time to drag out the contract and re-read it. If you have any serious questions, I would definitely suggest contacting a Licensed GA attorney familiar with landloard/tenant law. Some states are more Tenant friendly than others.

As far as paying back friends/agents/landlords/etc.....I sincerely hope that all these items where agreed to ahead of time when the (from what i'm understanding) short sale and note was created for you.
Web Reference:  http://www.hhiinvesting.com
0 votes
Chad Swoszow…, , Woodstock, GA
Thu Jul 16, 2009
You would be wise to at least consult an attorney. It does not sound like a good situation and also sounds like it is going to get worse. Make sure that you have everything in writing. If you need a point in the right direction for legal advice let me know. Good luck.
Web Reference:  http://www.chadsoldit.com
0 votes
Kimberly Lun…, Agent, Inlet Beach, FL
Tue Dec 16, 2008
Hi Wendy,
I know you were trying to make a long story short; however, huge pieces are being lost on me. I wish I had an answer for you, but I don't understand the situation. Please explain a little more in detail. And please explain to me what YOU think a 'short sale' is so that I make sure we are both on the same page.
You may email me directly at kimsoldit@yahoo.com
Kimberly Wilson
Power Realty Partners
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