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What is a Lease Option?

Lease option or lease with the option to purchase

 

  • In a lease-option, there are 2 contracts.  One contract is for the lease and a second contract is for the option to purchase the property.  The seller/landlord can not sell the property to anyone but the option contract holder during the option period

 

  • A lease option is different from a lease purchase, in that a lease purchase binds both parties to the sale, whereas in a lease-option only binds the seller to sell, it does not bind the buyer to buy.

 

  • Buyer purchases the option for 3-5% of the purchase price of the property. The option fee is non-refundable given that the option fee is not a deposit but has been used to purchase something of value: the option.

 

  • The length of the option is 5 to 10 years depending on the arrangement made.  This provides ample time for credit repair, amass the down payment or rectify any financial hardships.

 

  • The purchase price is agreed upon at the inception of the option and will increase by a nominal amount annually (usually 2%).

 

  • Home improvements are allowed during the lease term with landlord approval which builds equity (so-called "sweat equity") in the home since the agreed-upon purchase price is fixed but the value of the house has increased.

 

  • The lease contract term will mirror the option term expiring upon exercising the purchase option.

 

  • The lease contract is very similar to residential lease contract.  The lease payment will cover real estate taxes, building insurance, and HOA assessments.

 

  • The lease payment is negotiated between the seller and lease option holder including using a portion of the monthly rental payment toward reducing the purchase price.

 

  • The tenant-buyer must  occupy the property and can not sub-lease.  Additionally the tenant buyer can not sell, assign or transfer the purchase option without written consent of the landlord/seller. 

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