Law Office of Marilyn Sullivan Law Office of Marilyn Sullivan Law Office of Marilyn Sullivan
Law Office of Marilyn Sullivan

How the Rent to Buy Lease Option Works

Remember how Marilyn mentored you through the equity share? She made something bordering on complex almost simple. Well, Marilyn has done it again with the Rent to Buy Lease Option. Our Lease Option Coach walks you through every step of the transaction while the Lease Option Agreement and the Additional Documents form its legal framework. The standard transaction is described below, but the forms can be customized to suit your needs.

The Rent to Buy Framework

The transaction begins with a buyer and seller willing to engage in a Rent to Buy Lease Option transaction. When they decide to go ahead, they sign the Lease Option Agreement, an11-page document consisting of an Option Agreement, a Lease and a Purchase Agreement which we can either prepare for you or you can use the form we use. The home's purchase price is specified in the agreement, or it is set by appraisal later when the purchase option is exercised. It is up to you. The option term too can fit your needs. Do you want to the purchase option to begin immediately and end one or two years later, or would you prefer that the option not be exercised until a date in the future? Our forms allow you to choose the method right for both parties.

The Lease Option Deposit

When the Agreement is signed, the Prospective Buyer puts up a refundable deposit and begins a 20 day contingency period to investigate the property. If the Buyer decides against the lease option, the deposit is returned and the agreement becomes void. If the Buyer decides to go ahead, the rest of the option deposit is paid, and all option deposits become non-refundable, to be credited to the purchase price if the purchase option is exercised. The lease now commences.

Exercising the Option to Purchase

During the option term, the Prospective Buyer may exercise the purchase option or not. If exercised, the pre-signed Purchase Agreement takes effect. If the purchase price is to be determined by appraisal now or later, the appraisal is performed at that time. The agreement specifies the method for performance of the appraisal. The loan is the only contingency to the purchase. If the Prospective Buyer is not able to obtain the loan or does not agree with the Seller financing,if offered, he may cancel the agreement and forfeit all deposits because they are non-refundable. Other than the loan contingency, the Prospective Buyer is committed to purchasing the property once the Purchase Option is exercised. If the Option is not exercised, all option deposits are retained by the Owner as consideration for granting the option, the Lease Option Rent to Buy Agreement becomes void and the lease terminates. If you find this is the answer for you, go to our Fees Page if you want us to facilitate the transaction for you or our Do It Yourself Page if you want to do it yourself using our forms.