Do realtors do rent to own type contracts?

Profile picture for simstain
I have lowered my listing price again on home and rental people just moved out.  I am not sure if I want to rent it out again or list with realtor to sell or rent to own.  We have a flat rate MLS lisiting which has not really worked for us very few showings and no offers.  It was great when rented out but would like to sell or at least do lease with option to buy.  Not really sure how that works so thought about contacting some realtors to see if they provide that type of service and what the fees would be.  The home is located in Murray Hill near riverside.
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September 15 2009 - Jacksonville
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Answers (4)

A Real Estate Attorney should draft the paperwork, and set up an Escrow Account if necessary.

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Is it an OPTION to Buy, or is it a CONTRACT to Buy?
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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.

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If some of the money will apply to a Down Payment,
is it being held in escrow by a third party,
to keep the Seller from just running off with it?

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Has the Buyer done a Title Search or Abstract to determine if there are existing Mortgages, Liens, or Judgments against the Property?

What is to prevent the Seller from taking out a Loan later, and damaging the Title?

What happens if the Seller loses a lawsuit and a judgment lien is placed on the house?

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How does the Buyer know that the Existing Mortgage or Mortgages are being paid?

If the house is Foreclosed on because the Seller fails to pay the Mortgage, the Renter may have no rights,
and may be put out of the house (with a few excepted states, including California)

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Is the Seller going to Finance this when the day to Buy it arrives,
or will the Buyer be getting New Third Party Financing (Bank or Credit Union Loan)?

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What about the Existing Mortgage - is there a Due on Sale Clause that might be triggered
by the Rent to Buy agreement?  

If the Present Mortgage Holder considers the Option 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,
there may be Property Transfer Taxes or Intangible Taxes.

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About the Rental Period:

Is there a Written Lease?

What if the Buyer is late with a Payment or otherwise violates the Lease?  
Does that terminate the Agreement, and does the Buyer lose any money they have paid in?

What is equipment fails during the Rental Period (hot water heater burnout, AC quits, major plumbing problems)?
Who pays to fix it?  What if they don't?


Who will insure the house?  
Is there Tenant Insurance to cover the Renter / Buyer's personal property?

What if the house is severely damaged by a storm or fire - is there a provision for that?

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See a Real Estate Attorney before entering into such an agreement.
There are serious consequences involved.

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Best wishes,
Fred
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September 16 2009
Only an attorney should draw up a lease purchase contract
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September 15 2009

Try listing it With Picture on Craigeslist You can take pets and advertise rent ot own Lots of people are doing that

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September 15 2009
Yes some Realtors can do that.  You will need to contact a local representative.
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September 15 2009
 

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