Rent to own your home: Is it a good idea?

By Paul Moore

The term “rent to own” was once reserved for retail stores where consumers with poor credit could make installment payments on furniture, appliances, and electronics. But nowadays – thanks in part to an abundance of homeowners who cannot sell their houses quickly enough, reluctant banks that are not eager to finance houses, and renters who lost their previous homes to foreclosure – many homeowners are willing to work out rent to own agreements with prospective buyers.

Rent to own homes: How it works

Rent to own homes are similar to car leases. Renters pay a set amount each month to live in the house, just as lessees pay to drive a car each month. A portion of each month’s rent is income for the seller, and another portion is set aside toward a down payment to eventually purchase the home. After a set period – for example, three or four years – the renters have the option to buy the house, just as lessees have the option to purchase the car they had been leasing.

Pros and cons of renting to own

When it comes to rent to own homes, there are both pros and cons for both parties involved. Pros for the buyer include being able to get a feel for the house, the neighborhood, and area schools before making the final decision to purchase. The procedure also gives buyers more time to save for a down payment while they are living in the house.

On the flip side, buyers will lose their investment – the portion of each month’s rent that was being allocated for the future purchase – if they fall behind on payments and are evicted, if they have to move out for another reason, or if they simply change their minds. Also, the home’s value could decrease substantially between the rent to own contract agreement and the actual time of purchase.

Rent to own agreements are considered beneficial for sellers that have to relocate for work purposes and wind up with two mortgages. They receive a monthly payment that can go toward their mortgage payment on the house without waiting for the house to sell outright.

Beware! Things to watch out for

If you decide to rent to own a home, it is in your best interest to investigate the home’s purchase history and view its deed – this can be done at the clerk of the court’s office and often online. You should also ask to see several months of recent mortgage statements and receipts from the current owners to ensure they are up-to-date with their payments.

Scam artists have been known to “rent” vacant homes they do not even own, pocket the money they receive, and skip town, leaving renters in quite a predicament. Some legitimate homeowners also scam their future homebuyers by accepting rent to own payments with the promise of future purchase even though the home is in foreclosure.

Whether you are the current homeowner or the renter, it is in your best interest to have a real estate attorney create a contract to ensure that all legal avenues are covered should you decide to rent to own a home.

Paul Moore assists corporations in the booming oil regions of North Dakota, provide quality housing for the influx of laborers to the fields. See http://bakkenresidencesuites.com to find out more.

* Image attribution:  Royalty Free or iStock source: http://bigstockphoto.com

Mechanics of successfully implementing a 1031 real estate exchange

A 1031 Property exchange is a legal tax avoidance vehicle used in real estate investing. The number 1031 originates in the U.S. Internal Revenue Service (IRS) tax code from which it derives. According to this IRS tax code, the 1031 tax deferment may be applied when an investment property is sold and exchanged for a similar type of property.

The process for facilitating the exchange is conceptually fairly straightforward, however the process may not be. Several parties, financial instruments and events must occur before the exchange takes place. What's more in most probability the 1031 exchange will include at least a few of the following: Contracts, escrow accounts, negotiations, real estate agents/brokers, title companies, mortgage banks, accountant(s( and/or lawyer(s).

The step by step process

1. The property must be held/owned for less than 2 years and the exchange must take place within 180 days of releasing the first property.

2. Locate and hire a financial intermediary ex- mortgage bank with a real estate services division and/or execute the exchange through an Escrow account transfer

3. Determine the type of 1031 transfer. For example: Simultaneous exchange or delayed exchange.

4. If simultaneous and using an investment intermediary, the intermediary acquires both properties through an escrow account and exchanges them to the parties involved.

5. If a delayed exchange, the property is sold, however the sellers proceeds are held by the escrow until a new property is located. A replacement property must be found before 180 days and identified as such be the former seller.

6. An exchange contract must be created and agreed upon by all parties and the exchange takes place.

Properties invested in outside of the United States do not qualify for this tax break and unless a subsequent exchange occurs following the first exchange, tax may be incurred on the sale of the exchange property when the latter property is sold.

Delayed 1031 exchanges

In the instance of a delayed 1031 real estate exchange, the property investor first sells a home to a buyer with the intention of trading the property at a later date. This later date is usually either under 45 or 180 days.

During the transfer period the property's value is held through an escrow account until an exchange property is located. When a property is located, a written document informing the escrow manager must be filed. The process for buying the second property then begins which may include the several parties and financial instruments mentioned above.

Additional tips to consider

• Excess money acquired through or from factors relating to the exchange but not included in the exchange is subject to taxation.

• More than two properties may be involved in the exchange

• The exchanged investment property must adhere to the same ownership criteria as the original investment property Ex if held in joint tenancy, the newly exchanged property must also be held in joint tenancy by the same owners to qualify.

• An exchange property can be acquired before the original property is sold i.e. reverse 1031 exchange. While it is possible for an experienced and knowledgeable property investor to facilitate this process with as few collaborators as possible, it is probably advisable to utilize at least a real estate broker for their know how and experience in the 1031 process.

The tax benefits alone could pay for the Realtor's commission and save a lot of headache regarding contracts, locating suitable properties, setting up escrows, title searches etc. 1031 real estate exchanges involves specific tax code provisos. So it may be helpful to investigate the legal specifics and requirements of the tax code before initiating the exchange.