How to Set Up a Rent to Own Agreement That Will Help You Sell Your Memphis House for the Highest Price Possible

How to Set Up a Rent to Own Agreement That Will Help You Sell Your Memphis House for the Highest Price Possible

Have you ever considered using a rent to own agreement to sell your house in Memphis? The real estate market is in a period of transition as more people are working from home, and homeschooling is on the rise. Many would-be buyers are also transitioning their credit standing to prepare for homeownership in Memphis, as they are not yet in a position to qualify for conventional financing. You can either create this agreement as an option, where they can walk away voluntarily at the end of the term or as an agreement that would bring legal action for default. Or, you could have an option for an extension if the buyers are not quite ready to buy at the end of the original term.

Failure on the part of the buyers to gain approval for a conventional loan at the end of the two or three-year period set out in the rent-to-own agreement means that the home defaults back to you. You’ll then have the option to rent or resale the property while keeping the deposit and any extra rent fees in the agreement added to the monthly rent as credit towards the down payment.

Because you are in the driver’s seat, you can set the terms for maintenance, repairs and who pays homeowners insurance, and even the taxes in the contract terms. Read on to learn more about how to set up a rent-to-own agreement that will help sell your  Memphis house for the highest price possible 

1. Understanding the Rent-to-Own Concept: The Nuts and Bolts

  • Origins: Rent-to-own isn’t new. Historically, it’s been used as a flexible solution to housing during economic downturns or when conventional mortgages aren’t widely accessible.
  • Pros & Cons: The renter gets a taste of homeownership without immediate financial commitment. However, both parties face risks: homeowners may not get the eventual sale, while renters might pay above-market rent without buying.

2. The Significance of a Local Memphis Real Estate Attorney: Beyond the Basics

  • Why Local?: Housing laws vary significantly by region. A Memphis-based attorney will know the city’s unique legislative landscape.
  • Drafting & Reviewing: Beyond creating an agreement, the attorney will serve as a mediator, ensuring terms are fair and both parties understand their commitments.

3. Determining Your Home’s True Value: Beyond Online Estimates

  • Factors Affecting Value: Location, recent renovations, historical value, and future area developments can all impact the home’s worth.
  • Reappraisals in Rent-to-Own Agreements: A Crucial Consideration
  • In a rent-to-own scenario, where the eventual purchase might be years down the line, the initially agreed-upon home value might no longer reflect the market’s reality by the time the purchase option is exercised. This discrepancy underscores the importance of periodic reappraisals. These evaluations are not merely about adjusting numbers; they’re about ensuring that the essence of fairness underpinning the original agreement remains intact. For instance, in rapidly developing parts of Memphis, infrastructure changes, new amenities, or shifts in neighborhood demographics can profoundly impact property values. On the other hand, unforeseen adverse changes or economic downturns can decrease the worth. By setting specific intervals for reappraisals, such as annually or biennially, both the homeowner and tenant can revisit the home’s value and make adjustments to the purchase price or terms if needed. Furthermore, a clear mechanism for addressing discrepancies or disputes arising from these reappraisals should be established. This could involve third-party mediators, fixed formulas for price adjustments, or clauses that allow for limited renegotiations. Ultimately, well-handled reappraisals can strengthen the rent-to-own agreement’s integrity, fostering trust between parties and ensuring that when the time comes for potential purchase, the price is a fair reflection of the property’s true value in the current Memphis market.

4. Setting the Purchase Price: Balancing Today with Tomorrow

  • Predicting Future Value: Besides current market value, consider the trajectory of Memphis‘s housing market. Is it an up-and-coming area? Are major developments planned?
  • Inflation Consideration: The longer the rent-to-own agreement, the more inflation can affect the home’s worth. Adjust your price to reflect potential inflation.

5. Navigating the Option Fee: Ensuring Mutual Benefit

  • Purpose & Precedent: The option fee serves as a sign of the renter’s commitment. However, it should be set considering historical and local precedents to ensure fairness.
  • Refund Conditions: While typically non-refundable, there might be conditions under which a partial refund is warranted. Discuss these scenarios upfront.

6. Demystifying the Rent Premium: A Win-Win Scenario

  • Setting Amounts: The rent premium must strike a balance. It should be attractive to the tenant (by being credited towards the purchase) but also should cover potential wear and tear costs.
  • Document Everything: Keep a monthly record of the rent premiums. This transparency will be invaluable during the final sale process.

7. Choosing the Right Lease Term: It’s All About Timing

  • Economic Factors: The broader economic situation in Memphis and nationally might influence the ideal lease term. A turbulent economy might warrant a longer lease.
  • Renewal Clauses: Consider including renewal options in the contract, providing flexibility for the renter and security for the homeowner.

8. Maintenance and Repairs: Clear Lines, Fewer Conflicts

  • Routine Maintenance: Specify the frequency of necessary check-ups, like HVAC inspections or pest control, and decide who covers them.
  • Emergency Repairs: Set a financial limit for what constitutes a “minor” repair (tenant’s responsibility) versus a “major” repair (homeowner’s responsibility).

9. Memphis‘s Market Dynamics: Staying Ahead of the Curve

  • Engaging with the Community: Join local real estate groups or online forums. They’re often the first to know about market shifts.
  • Regular Market Analysis: Commit to a bi-annual analysis of Memphis‘s real estate trends. Tools and professionals can help with this.

10. Seamless Transition to Sale: The Grand Finale

  • Financial Preparations: The tenant might need guidance on preparing for mortgage application. Offer a list of trusted financial advisors or brokers.
  • Closing Process: Unlike traditional sales, rent-to-own has the added complexity of calculating and deducting the accumulated rent premiums from the purchase price.

Memphis Home Buyers makes it easy! At Memphis Home Buyers, our process is simple and straightforward! We make it easy and fast, working with experts from every walk of the real estate industry. Our team at Memphis Home Buyers can help guide you through setting up a rent-to-own agreement. Our goal at Memphis Home Buyers is to help you sell your Memphis house for the highest price possible. The professionals at Memphis Home Buyers are happy to answer any questions or concerns you may have about rent-to-own agreements with no obligation. Send us a message or call Memphis Home Buyers at (901) 828-8419.

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