Harry if you guys are negotiating the lease outside of escrow then I understand. Please understand something though, and this is really between you and your agent and the others in your transaction, what you guys are doing may be problematic depending on how your buyer documented the residential purchase agreement. If your buyer marked on the residential purchase agreement that the home was going to be owner occupied, then… well needless to say more. I am not here to lecture you or anyone else, I would just urge you to be cautious and careful. With regards to the lease, like DR said above, do it all after the close of escrow.