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Maryland Option to Purchase Addendum to Residential Lease - Lease or Rent to Own

State:
Maryland
Control #:
MD-00547
Format:
Word; 
Rich Text
Instant download

Description

This Option to Purchase Addendum to Residential and Lease Agreement is entered into by and between the lessor and the lessee. The lessor agrees not to offer the residence for sale to anyone during the term of the lease, and to give the lessee (tenant) the option to purchase the residence at any time prior to the expiration of the lease, provided the lessee gives notice of intent to purchase in accordance with the provisions of the Addendum. At that point, a separate contract of sale will be executed and the sale will proceed as any sale would.


Please note: This Addendum form is NOT a lease agreement. You will need a separate Residential Lease Agreement. The Addendum would be attached to that Agreement


Key Concepts & Definitions

Option to Purchase Addendum to Residential Lease: An additional agreement attached to a residential lease that gives the tenant the right, but not the obligation, to purchase the property at a predetermined price within a specified timeframe. This addendum lays out the terms under which the tenant can exercise their option to buy the property, detailing factors such as the price, timing, and conditions of the sale.

Step-by-Step Guide

  1. Review the Current Lease: Assess your existing lease terms to ensure an option to purchase can be integrated smoothly.
  2. Consult a Real Estate Attorney: Gain professional insights to navigate legal complexities and tailor the addendum to state-specific regulations.
  3. Determine the Purchase Details: Outline the purchase price, option fee, duration of the option period, and other key terms.
  4. Draft the Addendum: Create the addendum clearly stipulating all agreed-upon terms.
  5. Review and Negotiate: Both parties should carefully review the addendum. Negotiations may be necessary to align both parties interests.
  6. Execute the Addendum: Once agreed upon, both parties sign the addendum, making it legally binding.
  7. Plan for Future Execution: The tenant prepares for possible purchase, including securing financing and conducting a home inspection.

Risk Analysis

  • Legal Risks: If not properly formulated, such addendums might not be enforceable, leading to disputes.
  • Financial Risks: Market fluctuations could result in the property's value diverging significantly from the agreed-upon price, impacting buyer or seller decisions.
  • Commitment Risk: Tenants might feel pressured to purchase due to invested option fees even if their circumstances change.

Common Mistakes & How to Avoid Them

  • Failing to Specify Conditions: Always clearly state the terms, including purchase price and timeline, to avoid future disputes.
  • Neglecting Legal Review: Engaging a real estate attorney can prevent legal pitfalls and ensure the addendum complies with local laws.
  • Overlooking Tenant's Financial Capacity: Consider the tenant's ability to secure financing to avoid futile agreements.

Best Practices

  • Transparent Communication: Maintain open lines of communication between the landlord and tenant to ensure clear understanding of the addendum terms.
  • Regular Updates: Periodically review and adjust the addendum if necessary, considering any changes in the real estate market or in state laws.
  • Record Keeping: Keep detailed records of all communications and signed documents pertaining to the addendum for future reference.

Pros & Cons

  • Pros: Provides an opportunity for tenants to become homeowners; locks in a purchase price which can be advantageous in a rising market.
  • Cons: Limits the landlords ability to market the property freely; poses a financial risk if the market value of the property decreases significantly.

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FAQ

Changing the lease You can negotiate certain changes to the lease, sometimes known as 'varying the lease'. Speak to your landlord first. If you can't agree, you may be able to apply to a tribunal - contact Leasehold Advisory Service for advice.

When creating your Lease Amendment, you'll want to include information such as: the names of the landlord(s) and the tenant(s); the effective date of the original lease; the date of the lease amendment; the address and nature of the leased property; whether the original lease was recorded with the county; which

A lease addendum allows a landlord or tenant to make changes to a current residential or commercial lease agreement.Once both parties agree and sign, the addendum should be added to the original lease.

A lease and addendum are esentially the same thing, 'the lease'. The addendum is part of the lease, it does not stand on it's own. If the lease and addendum say different things, but one does not supercede the other, it's ambigious, and the least restrictive clause stands.

When a landlord and tenant sign a lease agreement it forms a legally binding contract. The lease cannot be altered except through another written agreement signed by both parties unless the original lease specifically gives a party the power to change something on their own.

An addendum must include the basic elements of any landlord/tenant agreement. You should include the date, the address of the rental property and the names of each party just as you would in the original lease.

Ideally, you should never try to renegotiate the rental amount after your lease is signed.Your tenant might want you to decrease the rent amount, but they are also proposing to increase the length of their lease by one additional year.

The lease addendum templates allow a landlord or tenant to make changes to a current residential or commercial lease agreement. Instead of changing the actual lease agreement, an addendum is a document added to a lease agreement outlining the prearranged modifications.

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Maryland Option to Purchase Addendum to Residential Lease - Lease or Rent to Own