Frustrated home sellers are searching for creative solutions to selling their homes in the face of one of the most difficult housing markets in recent memory. While some home sellers reluctantly take their homes off the market, others look to the creative methods that real estate investors have used for many years.
Two creative options that some sellers are considering are “seller financing” and the “lease with the option to purchase.” Seller financing is when the buyer signs a mortgage note that is held by the seller (rather than a bank). The buyer receives deed and title like a typical home purchase, but makes their payments directly to the seller. Seller financing is not for all home sellers as all mortgages and liens on the home must be paid off prior to closing.
Lease with the option to purchase (also known as a lease-purchase) is when the buyer rents the home and agrees to close on the sale at a future predetermined time (usually one or two years when they can qualify for a mortgage from a traditional lender). Besides forking over a large deposit (usually non-refundable), the buyer pays a monthly rent that includes an additional amount that is applied to the purchase.
Some benefits when offering seller financing and a lease-purchase include attracting a greater number of home buyers, selling in a shorter time and the potential to make more money on your sale. Qualifying for a mortgage these days is much more difficult (even for some buyers who have good income and credit); however by offering an alternative to bank qualifying, you’ll attract a larger number of home buyers! Logic follows that the greater number of serious home buyers interested in your home, the quicker your sale.
You can potentially make more money on your sale by selling for a higher amount. If there is seller financing, you don’t have to worry if the lender’s underwriter will limit the sale to the appraised value- because you are the lender. However with a lease purchase, your buyer will most likely be limited to a lender’s appraisal when they are ready to settle on the home.
Seller financing and lease-options are very risky. Besides the downside of being a landlord, your buyer could default on their payments to you. It is important that your mortgage note or lease-purchase should specify your rights in eviction and foreclosure. Eviction and foreclosure can sometimes be drawn-out and expensive. Additionally, you may have to spend money to fix up the home again after your home is vacated; you can potentially lose money while your home is vacant while you look for new buyers.
It is highly recommended to hire an attorney to assist you in these transactions because of the many legal and financial ramifications. The concepts of these transactions may be easy to understand, however writing contract clauses to ensure you’re covered in all circumstances is another thing entirely; there are many variables to consider. Many home sellers have been burned from improperly prepared contracts.
Some have used creative techniques in selling their homes with great results; but before you decide to sell using seller financing or a lease-purchase, consult an attorney. The seller financing and lease-option transactions are very risky and should not be undertaken without legal counsel.
By Dan Krell
© 2009
This article is not intended to provide nor should it be relied upon for legal and financial advice.