How to Protect Yourself in a Lease/Option Deal

FinanceLoans / Lease

  • Author Dave Lindahl
  • Published October 26, 2010
  • Word count 688

Not everybody has enough cash stashed away to buy an apartment building.

At first, it sounds like a catch-22. To have a huge chunk of cash on hand you most likely need to sell a property. But to have a property to sell, you needed cash to buy it the first place.

Fortunately are ways of getting a property under contract without writing a big check. Even in the wake of today's foreclosure tsunami and the backlash against risky loans that required little to no money down, you can still buy property when you're short on funds.

One viable alternative is the lease option.

A lease option deal has three principle components: the purchase price, the option consideration, and the terms. You need to protect yourself at each stage.

PRICE

The best way to protect yourself is not to overpay. Don't fall in love with the property and get caught up in the emotion of the deal.

I've never seen a purchase price carved in stone. Price is always negotiable. We all start at the same point: the property owner wants more money than the property is worth, and you, the investor, want instant equity. Which means you want the property for less than it's worth.

It's a buyer's market today, so getting it your way is likely. Particularly if the owner has held the property long enough to come out with a profit even if they sell below market value. So it's good to know what the owner's equity is... because that's their profit and the figure that they're really focused on.

You can negotiate a discount if there is deferred maintenance that needs to be taken care of. If the roof needs to be replaced or the building painted, get quotes from premium high-end contractors. Don't lowball the repairs when you're negotiating. This protects you from unwelcome surprises when it comes time to get things fixed.

OPTION CONSIDERATION

The option consideration is the amount you pay the property owner upfront. Think of it as a non-refundable deposit. Like everything related to the bottom line, it's negotiable. Your success on getting the price down hinges on the motivation of the seller, so it can be worth your time to investigate the seller's financial situation. If you're not sure how much to offer, ask your broker or mentor for guidance. Seeking the advice of experts is one of the best ways to protect yourself.

TERMS

The terms of the lease option will specify how long you have the right (but not the obligation) to purchase the property. The owner has to sell it to you during this period for the specified price. Doesn't matter if they strike oil next door and the property soars in value. You get the property for the agreed price in your lease option.

If it's a single family home, ensure you retain the right to sublease to a tenant. Keep in mind that to squeak out a positive cash flow, your tenant's rent needs to be more than your rent as specified in the lease option. You're not going to make a financial killing on the cash flow income. Be sure there is marketplace demand for this rental property.

If you want this property in your IRA, keep in mind that you personally cannot use it. If it's a retail or office space, you can't put your business in the property. IRA rules prohibit use of the property by you and your family.

You need assurance the mortgage will be paid during the term of your lease option. Everything needs to be in writing. No handshakes. You want the right to sell the property, as well as the right to assign your lease option to another party. I recently was offered $1 million by an investor to assign a purchase contract I had on an apartment building.

Lease options have been around for a long time and standard contracts are available. Get one and read it carefully. I'm always surprised by how many people do not read the entire contract. Ultimately, the best way to protect yourself is to know what you're getting into.

David Lindahl, also known as the "Apartment King" has been successfully investing in single family homes and apartments for the last 14 years and currently owns over 7,000 units around the US. David regularly shares his secrets and experience on the same stage as Tony Robbins, Robert Kiyosaki, and Donald Trump! Visit http://www.rementor.com for more information on how to invest in real estate and other property investing techniques.

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