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The following article was published in our article directory on December 24, 2021.
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Article Category: Advice
Author Name: Oliver Mayerhoffer
Difference, Coverage, and Assessment
Anyone in the market for a new home would eventually stumble upon two terms�rent-to-own, lease-to-own. Soon enough though, as you read more about them, you end up wondering whether there�s any difference between the two. Things get more confusing once you realize that they�re even used interchangeably in some cases. So, are they one and the same?
The Rental Contract
Well, they are indeed the same. And as investors and realtors would say, the correct term would be �lease option�. These lease options�or, more specifically, the contracts behind them�have two key components, namely the lease and the option. The lease basically outlines the details of the rent, with the most important ones being the amount and frequency of payment.
As with any other agreement, however, being clear yet thorough is crucial. That�s why matters like modes of payment as well as penalties for late payments are likewise written down. Details on who pays for what (e.g., utility, HOA, repairs) gets added too. Rules on entry and disclosures on property issues (e.g., presence of pests, use of lead paint) are also put in.
Option: Ownership
The option part is where things get interesting. After all, it�s where the terms for ownership are outlined. This includes the property�s agreed upon price, a portion of which will have to be covered by an upfront fee. Keep in mind that despite being a portion of the total, this upfront fee is non-refundable. So, if you do decide to back out of the purchase, you won�t be getting it back.
Other inclusions to the options section of a rent-to-own, lease-to-own agreement include the duration at which the total amount should be paid, and in many cases, the portion of rent that gets deducted from the agreed upon price. Of course, what happens when the necessary payments are not made have to be delineated as well.
On Real Estate Law
Despite the seller and buyer being both involved in a lease option, it�s the seller who initially writes up the contract. It is then presented to the buyer, who would then decide whether they agree to the terms and are ready to sign. While this may seem simple enough to do on your own, consulting a real estate lawyer is definitely recommended.
Remember, no matter how aware you are of the things that are typically added to a lease-option agreement, only someone who specializes in real estate law can easily translate and explain all the terminologies as well as identify details that could put you at a disadvantage. A lawyer should also be able to help with matters regarding title reports and home inspections.
Value of Being Sure
Rent-to-own, lease-to-own�now that you have a better understanding of these terms and what they represent, you will have an easier time in your search for your next abode. But remember, even though backing out is possible in a lease option, so as not to waste time and money, it�s best to be as certain as possible before signing on the dotted line.
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