Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-11-2006, 10:28 AM
Junior Member
 
Join Date: Sep 2006
Posts: 5
Question

Lease to own contract


What is the name of your state? MO

Here's the issue....what are the laws on lease-to-own contracts? Can we raise the price of the house at signing to include the rent already applied to the down payment? As it is we only give a portion of the monthly rent to the down payment. Can we apply all, but raise the price of the house to include the money we held back? Please advise where I can find laws regarding this issue.
Thanks!
  #2  
Old 09-11-2006, 11:44 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
Is a contract/agreement already in place? The terms of any valid agreement must be met, and cannot be changed after the fact.

Will the buyer eventually be getting a mortgage and paying a balloon payment? The house must be able to "appraise out" at the price that the sale is based upon. A lender will NOT agree to an inflated price to base the financing upon. Underwriting guideliens by their lender may prohibit the application of 100% of rent, because that will be as if the seller is "giving them the downpayment", which most underwriting guidelines prohibit.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #3  
Old 09-11-2006, 12:18 PM
Junior Member
 
Join Date: Sep 2006
Posts: 5

lease/option


There is no contract in place yet, it was just an option I was trying to pursue. It won't really be like giving the house would it if we raised the price?
for instance....
$100,000 house - $750 a month in rent. if applied all rent to house purchase, $18,000 at end of one year. Then if they purchase house, raise the price to $118,000 instead of $100,000 giving them the $18,000 for down payment. It would give us back the $18,000 wouldn't it in the long run? Is this ok to do?
  #4  
Old 09-11-2006, 12:27 PM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
Will they be financing the purchase eventually? The lender will not allow the loan calculations to be done on a sale price above appraisal. So if the house would only appraise at $100,000, then all financing ratios will be based on $100,000, regardless of what you sell it for. The lender will figure, for example, if the LTV ratio for financing is to be 80%, they will ONLY give a $80,000 mortgage on a house worth $100,000.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #5  
Old 09-11-2006, 01:43 PM
Junior Member
 
Join Date: Sep 2006
Posts: 5

lease/option


Yes, they will be financing the whole amount after the 1-2 year period.
So for example sake...if the house appraised over $100,000 this scenario would work? But if that's the case, wouldn't the price of the house raise since it's worth more?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:21 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.