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Called the hand-painted RENT TO OWN sign, and the guy showing it doesn't own it

There's a house about four miles from me with a hand-painted sign in the yard. RENT TO OWN. NO BANK NEEDED. Phone number. I've been trying to figure out whether I'd ever want to be on the owner side of one of these, and reading about it wasn't getting me anywhere, so I called and said I was looking for a place to live. Which was a lie, and I still feel a little strange about it.

He met me Saturday at nine. Khakis, big ring of keys, friendly in a way that didn't feel like a pitch. Ranch, three bedrooms, decent kitchen, a bathroom floor that moved when I stood on it.

He said the price would be locked at 285 and 250 a month of my rent would come off it. Rent 1,750. I asked how long the option ran and he said two years, maybe three, we can talk about it. Then I asked who I'd actually be signing with. He said, and I'm quoting, "well, technically I have the property under contract with the owner."

So he has a lease with the owner plus his own option to buy at 240, and he was going to write me an option on a house he doesn't own. I asked what happens to my credits if he never exercises his option. He said he wasn't sure and he'd find out and call me back.

He hasn't called back. I don't think he's a crook. I think he took a course, understood the first half, and never got asked the second-half question until a guy in a driveway asked it.

18 replies

His whole position is 45,000 of price spread, and he was handing you 250 a month against it, so 6,000 over two years, 9,000 over three. That's fine arithmetic. The problem is he'd have promised you a closing he can only deliver if his own option is still alive and his own seller performs. Two options stacked, and the guy at the bottom of the stack is the tenant.

I'm working through licensing right now and the thing that jumped out is him marketing a house he doesn't own to a stranger who called a sign. Whether that trips any licensing rule depends entirely on the state and I would not guess at it. Somebody's real estate commission has an opinion though.

Dumb question I would not ask out loud in a room. If he's got an option to buy at 240 and he's offering it to you at 285, is that just his profit, or is he supposed to tell you the number he's paying?

@compass the 45 is his profit and generally nobody has to volunteer their own purchase price. Whether any disclosure is required varies by state and about a dozen states don't even make sale prices public, so a tenant-buyer often can't look it up. That's the part I'd want a lawyer's read on before I signed anything.

He said he'd find out and call back. That's the whole story right there. He's not malicious, he's just improvising with somebody's housing.

Went back over the numbers. There are two separate options in this arrangement and if the first one fails the second one is worthless? That seems like a lot of risk to sit on top of.

@juniper roughly, yes, and it's worse than worthless because you've also been paying above-market rent for the privilege. The 1,750 on a house that would rent for maybe 1,500 is the credit. You're funding your own down payment through the rent.

I've been the guy in khakis, more or less. Not on a lease option, on a wholesale, but same shape. You get in the middle of something and then somebody asks the one question about the middle and you have nothing. It's a bad Saturday.

Ranch with a soft bathroom floor means the tub surround has been leaking for years and there's more under there. Priced at 285 in a locked option, whoever ends up owning it inherits that. Ask me how I know what's under a floor that moves.

@harrow subfloor and probably a joist. Two grand if you're lucky and the framing is dry, a lot more if it isn't. Not a thing you want to discover in month three of a lease where you're the one holding the repairs.

The sublease version of this is a headache nobody prices, at least going by what I deal with. The occupant thinks they're a buyer, behaves like an owner, and calls you like a tenant. All three at once, and the paperwork usually only describes one of them.

The reason he never called back is he asked somebody and got an answer he didn't like. @marlow if you ever want the owner side of this, you have the exact list of questions now, and you got it for the price of a lie and a drive.