Attorney Bill Bronchick Explains the Difference Between Lease-Options and Contract for Deed
When you're thinking about selling your property with creative seller financing such as a
lease with the Option to buy, or a "Contract for Deed" (also commonly known as a "Land
Contract") you really need to make sure and decide how much control you want to give the
"end" tenant-buyer and/or Buyer when you sell. I am not an attorney, therefore I don't ever
give out any legal advice. I do have a short video for you though with real estate attorney
Bill Bronchick, who explains the differences between the two types of contracts. This will
allow you to make the most educated decision and help you decide which of the two
options are best for you.
Crucial Differences to Consider Before You Sell
Using Either a Lease-Option or a Contract for Deed
managers, and Realtors, I have noticed a fair amount of confusion between these two exit
strategies. The objective of this blog post and the video I shared, is to help you understand
and know the fundamentals of both before you enter into a contract.
Lease-Options:
- Ordinarily you can safely collect 3-5% upfront (non refundable) and if the "end" tenant-buyer fails to pay their rent on time (or at all). you can evict them.
- This exit strategy is not considered a sale because the tenant-buyer has the "option" to buy and the "option" not to buy.
- Ordinarily you can ask for 10-20% down upfront (non-refundable), and if the end buyer fails to pay their mortgage, you will need to foreclose on them.
- This exit strategy is considered a sale.
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