Myrtle Beach Real Estate

Lease To Own Agreements: Are They Dangerous?

With the Banks' tightening of the money, there has been a resurgence of Lease to Own Agreements lately.  Although these deals are popular with both Buyers and Sellers, they are not to be taken lightly.   Here's why these instruments are potentially dangerous:

Danger for the Seller:  If the Buyers stop making payments under a Lease to Own Agreement, the Seller can not evict them.  Instead, the Seller has to institute foreclosure action, which can take many months.  In essence, the Owner could potentially have tenants who don't pay rent for a very long time (foreclosure action may take over a year), without the recourse of evicting them.

Danger for the Buyer:  If the Seller is foreclosed on, the Tenant has very little recourse.  Once the Foreclosure is implemented against the Seller, the Tenant is evicted by the Bank.  The only recourse the Tenant has is to sue the Seller for the money in civil court.  Good luck in recouping it!  With Sellers getting 5%-10% of the sales price up front and better than market rent on these types of agreements, the amount lost by the Tenant Buyer is sizable.

Land Sales Agreements (Contracts of Sale) present the same dangers.  The SCAR (South Carolina Association of Realtors) does not endorse Lease To Own Agreements.  What is your experience with Lease To Own Agreements?  Please share!

Mirela