|
|
|||||||
|
|
||||||||
|
|
||||||||
|
to our "What's New" Newsletter! NEW Resources! NEW Forms! NEW Articles! NEW Reviews! |
|
| Re: The difference between owner finance and lease option is???? | |||
| Re: The difference between owner finance and lease option is???? -- Ken | Post Reply | Top of Thread | Forum |
|
Posted by: DariusBarazandeh 11/03/2003, 19:35:46 Edit |
I understand your confusion. This is very important issue which I see confuses many of my real estate clients . Quite simply alot of people (including so called real estate guru's) have created and used combinations of the lease option and the owner finance techniques. These techniques are used in so many different ways that it gets confusing to tell them apart. If you can't tell them apart then you will get killed in court. I am not sure what program you were reading about and what process they advocated but let me tell you some of the differences between the strict lease option and the strict owner financing scenarios: Lease Option: - The pure lease option must have 2 seperate contracts: 1) Rental Agreement
- tenant is merely renting with a seperate option contract to buy (do not mention the option contract anywhere in the rental agreement!!)
Owner Finance: The buyer holds the title and you are a lien holder You may have to pay taxes on any capital gains earned during the year of the initial sale rather than at the time all the payments are collected. The buyer is not a renter but a purchaser in possession You will have to foreclose in order to close out the buyer's right and interest in the property You should see how all of these concepts are discussed in these programs. If the writer is discussing all of these concepts interchangibly then they may be confused. If they are confused then you will be in big trouble if it goes to court. If you would like you may send me the contracts and I can give you an answer. You have to look at the rights and interests which are granted to each party by the contracts. Some of these 'guru's' don't even understand what interests they are conveying in these boilerplate contracts.
|
| Post Reply | Recommend | Alert | Where am I? Original Message Top of Thread Current page |
| © 2001, 2002 The Real Estate Investing Depot |