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A lease-option-to-buy arrangement can be a solution for some potential homebuyers, but it's not right for everyone. If you're not certain that you're going to be able to purchase the rental home at the end of the lease period, you might be better served with a standard rental agreement.
Officially record the lease agreement and purchase option. The easiest way to do this is have the paperwork notarized and then recorded in your local public real estate records. Escrow the deed. Record a mortgage.
Rent-to-own schemes (also known as rent-to-buy schemes) are leasing agreements that afford renters the right to buy a home at the end of a pre-determined rental period, at a price agreed prior to signing the agreement.
The difference between a lease option and lease purchase agreement is that the lease option only obligates the seller to sell. A lease purchase agreement commits both parties to the sale barring breach of contract or the buyer's inability to secure a mortgage.
A lease-option is a contract in which a landlord and tenant agree that, at the end of a specified period, the renter can buy the property. The tenant pays an up-front option fee and an additional amount each month that goes toward the eventual down payment.
A lease-option-to-buy arrangement can be a solution for some potential homebuyers, but it's not right for everyone. If you're not certain that you're going to be able to purchase the rental home at the end of the lease period, you might be better served with a standard rental agreement.
Sellers agreeing to lease option deals arguably have more to lose than buyers. If house prices rise they're likely to regret agreeing a price at the time the option was taken out. If prices fall there's a risk the buyer or investor will not exercise their option to buy, and they'll still be stuck with the property.
Document everything in writing. Keep a written record of everything that is agreed on, and be careful to use the right terms in the agreement. Consult an attorney. Use separate agreements. Keep the term short. Take a security deposit. Pay like an owner. Factor in repair costs. Don't give large rent credits.
There is no legal reason why a lease option wouldnt work in California. If its a tight, well-written contract, it will be enforceable. There may be economic reasons that make it improbable to get a property into a lease option in a rising market.