Home › Forums › Closed Forums › Buying and Selling RE › purchasing a home using agreement of sale
- This topic has 90 replies, 10 voices, and was last updated 14 years, 2 months ago by lfterrell.
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October 10, 2010 at 7:25 PM #616347October 11, 2010 at 1:10 PM #616957urbanrealtorParticipant
There are a lot of names for this type of transaction.
The most accurate (imo) is rent-to-own.The buyer does not own the property until he pays up fully.
The issue, of course, being that certain types of title changes have precedence and wipe out the rto contract (along with the down and all payments previously made).
To protect yourself you would want language clarifying what happens in the case of mortgagor distress (though that would still be very thin protection at best).
Better would be a very specific type of trust deed against some other collateral this seller has that only kicks in if your rto interest is compromised or eliminated.
The price point for that type of property varies wildly depending upon which areas you like.
These contracts are pretty rare in SD (or any place with lots of foreclosures).
You also want to clarify what happens if you move prior to the transfer of title.
The outline you have given really sounds more like a lease with a $20000 option to buy.
October 11, 2010 at 1:10 PM #616648urbanrealtorParticipantThere are a lot of names for this type of transaction.
The most accurate (imo) is rent-to-own.The buyer does not own the property until he pays up fully.
The issue, of course, being that certain types of title changes have precedence and wipe out the rto contract (along with the down and all payments previously made).
To protect yourself you would want language clarifying what happens in the case of mortgagor distress (though that would still be very thin protection at best).
Better would be a very specific type of trust deed against some other collateral this seller has that only kicks in if your rto interest is compromised or eliminated.
The price point for that type of property varies wildly depending upon which areas you like.
These contracts are pretty rare in SD (or any place with lots of foreclosures).
You also want to clarify what happens if you move prior to the transfer of title.
The outline you have given really sounds more like a lease with a $20000 option to buy.
October 11, 2010 at 1:10 PM #616528urbanrealtorParticipantThere are a lot of names for this type of transaction.
The most accurate (imo) is rent-to-own.The buyer does not own the property until he pays up fully.
The issue, of course, being that certain types of title changes have precedence and wipe out the rto contract (along with the down and all payments previously made).
To protect yourself you would want language clarifying what happens in the case of mortgagor distress (though that would still be very thin protection at best).
Better would be a very specific type of trust deed against some other collateral this seller has that only kicks in if your rto interest is compromised or eliminated.
The price point for that type of property varies wildly depending upon which areas you like.
These contracts are pretty rare in SD (or any place with lots of foreclosures).
You also want to clarify what happens if you move prior to the transfer of title.
The outline you have given really sounds more like a lease with a $20000 option to buy.
October 11, 2010 at 1:10 PM #615973urbanrealtorParticipantThere are a lot of names for this type of transaction.
The most accurate (imo) is rent-to-own.The buyer does not own the property until he pays up fully.
The issue, of course, being that certain types of title changes have precedence and wipe out the rto contract (along with the down and all payments previously made).
To protect yourself you would want language clarifying what happens in the case of mortgagor distress (though that would still be very thin protection at best).
Better would be a very specific type of trust deed against some other collateral this seller has that only kicks in if your rto interest is compromised or eliminated.
The price point for that type of property varies wildly depending upon which areas you like.
These contracts are pretty rare in SD (or any place with lots of foreclosures).
You also want to clarify what happens if you move prior to the transfer of title.
The outline you have given really sounds more like a lease with a $20000 option to buy.
October 11, 2010 at 1:10 PM #615887urbanrealtorParticipantThere are a lot of names for this type of transaction.
The most accurate (imo) is rent-to-own.The buyer does not own the property until he pays up fully.
The issue, of course, being that certain types of title changes have precedence and wipe out the rto contract (along with the down and all payments previously made).
To protect yourself you would want language clarifying what happens in the case of mortgagor distress (though that would still be very thin protection at best).
Better would be a very specific type of trust deed against some other collateral this seller has that only kicks in if your rto interest is compromised or eliminated.
The price point for that type of property varies wildly depending upon which areas you like.
These contracts are pretty rare in SD (or any place with lots of foreclosures).
You also want to clarify what happens if you move prior to the transfer of title.
The outline you have given really sounds more like a lease with a $20000 option to buy.
October 11, 2010 at 3:37 PM #616084urbanrealtorParticipantAnd honestly I think that 20k is too high for a purchase option for the kind of product you intend to buy.
My 2bits.
October 11, 2010 at 3:37 PM #617066urbanrealtorParticipantAnd honestly I think that 20k is too high for a purchase option for the kind of product you intend to buy.
My 2bits.
October 11, 2010 at 3:37 PM #616758urbanrealtorParticipantAnd honestly I think that 20k is too high for a purchase option for the kind of product you intend to buy.
My 2bits.
October 11, 2010 at 3:37 PM #616637urbanrealtorParticipantAnd honestly I think that 20k is too high for a purchase option for the kind of product you intend to buy.
My 2bits.
October 11, 2010 at 3:37 PM #615997urbanrealtorParticipantAnd honestly I think that 20k is too high for a purchase option for the kind of product you intend to buy.
My 2bits.
October 11, 2010 at 4:47 PM #616139DWCAPParticipantHere is the real red flag for me, even more so than the ‘need imporovement’ credit (685) or the low down:
You dont live here yet, and own a house somewhere else?This should have been disclosed in the OP, because it is a huge fact to me. San Diego is a VERY diverse city, and I would advise ANYONE moving here for the first time to rent. I dont care if you are Bill Freakin Gates, RENT YOUR FIRST HOUSE. You will not know where you want to be, and what kind of lifestyle you want/can afford until you are here. The housing, the noise, the weather, the people, the social scene, the activites, they are all so different.
Find what you want, then optimize it to what you can afford, and live the happy median. SD housing prices are stagnant or falling currently, interest rates are low, and going down. Rents are not skyrocketing. There is no possible reason you NEED to buy a house, in a city you dont currently live in, in the next 6-12 months. (unless someone else is paying the tab for you, which again is a fact needed in the OP)
October 11, 2010 at 4:47 PM #617120DWCAPParticipantHere is the real red flag for me, even more so than the ‘need imporovement’ credit (685) or the low down:
You dont live here yet, and own a house somewhere else?This should have been disclosed in the OP, because it is a huge fact to me. San Diego is a VERY diverse city, and I would advise ANYONE moving here for the first time to rent. I dont care if you are Bill Freakin Gates, RENT YOUR FIRST HOUSE. You will not know where you want to be, and what kind of lifestyle you want/can afford until you are here. The housing, the noise, the weather, the people, the social scene, the activites, they are all so different.
Find what you want, then optimize it to what you can afford, and live the happy median. SD housing prices are stagnant or falling currently, interest rates are low, and going down. Rents are not skyrocketing. There is no possible reason you NEED to buy a house, in a city you dont currently live in, in the next 6-12 months. (unless someone else is paying the tab for you, which again is a fact needed in the OP)
October 11, 2010 at 4:47 PM #616813DWCAPParticipantHere is the real red flag for me, even more so than the ‘need imporovement’ credit (685) or the low down:
You dont live here yet, and own a house somewhere else?This should have been disclosed in the OP, because it is a huge fact to me. San Diego is a VERY diverse city, and I would advise ANYONE moving here for the first time to rent. I dont care if you are Bill Freakin Gates, RENT YOUR FIRST HOUSE. You will not know where you want to be, and what kind of lifestyle you want/can afford until you are here. The housing, the noise, the weather, the people, the social scene, the activites, they are all so different.
Find what you want, then optimize it to what you can afford, and live the happy median. SD housing prices are stagnant or falling currently, interest rates are low, and going down. Rents are not skyrocketing. There is no possible reason you NEED to buy a house, in a city you dont currently live in, in the next 6-12 months. (unless someone else is paying the tab for you, which again is a fact needed in the OP)
October 11, 2010 at 4:47 PM #616692DWCAPParticipantHere is the real red flag for me, even more so than the ‘need imporovement’ credit (685) or the low down:
You dont live here yet, and own a house somewhere else?This should have been disclosed in the OP, because it is a huge fact to me. San Diego is a VERY diverse city, and I would advise ANYONE moving here for the first time to rent. I dont care if you are Bill Freakin Gates, RENT YOUR FIRST HOUSE. You will not know where you want to be, and what kind of lifestyle you want/can afford until you are here. The housing, the noise, the weather, the people, the social scene, the activites, they are all so different.
Find what you want, then optimize it to what you can afford, and live the happy median. SD housing prices are stagnant or falling currently, interest rates are low, and going down. Rents are not skyrocketing. There is no possible reason you NEED to buy a house, in a city you dont currently live in, in the next 6-12 months. (unless someone else is paying the tab for you, which again is a fact needed in the OP)
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