How to Avoid Rent-to-Own Home Schemes in South Carolina
The ways to enter these kinds of contracts and avoid predatory landlordsBy Benjy Schirm, J.D. | Last updated on January 27, 2023
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For some Americans, the dream is home ownership. But for far too many, it’s a goal that is out of their financial reach. It may be a poor credit score or prior foreclosure. While you may not qualify for a mortgage, you still need a place to live, and one option to consider is a rent-to-own contract. Essentially, rent-to-own contracts are an agreement between a homeowner and a home buyer to slowly transfer the property without involving a real estate agent, mortgage company or third-party lender. The three types of rent-to-own sales that are most common are: a lease with an option to purchase, a land installment contract, and a wrap-around mortgage.
Lease with an Option to PurchaseIn this model, a lease-option agreement is signed and the buyer will often give a large down payment, or upfront fee, and then make rental payments to the owner of the property for a set period of time. When that time runs out, the buyer/renter has the option to pay the rest of the home purchase price. If the buyer cannot pay the whole amount for the house before time runs out, the seller keeps the option fee, keeps the house and keeps all the payments the buyer made. The buyer gets nothing.
Land Installment ContractA land installment contract is an agreement to give monthly rent payments to the owner of a property until the property is paid off. This can take a really long time, and often these contracts say if you miss one payment, you will lose the house and any and all equity you have paid into it.
Wrap-Around MortgageA wrap-around mortgage is an agreement where a renter/buyer gives monthly payments to the seller who agrees to pay their mortgage payments with this money. This agreement often makes the seller money when they charge more in rent than their mortgage payments and they pocket the excess. These agreements are sometimes broken in South Carolina. There is a right way to enter into any of these rent-to-own agreements, and, unfortunately, many wrong ways to do them. In a 2018 case involving Kingdom Connected Investments, tenants said the company kept the rent they were paying instead of putting it toward the original mortgage debt. As a result, the original lender foreclosed on the homes, leaving the tenants out of a house and their money. There are many recommendations from both the Federal Trade Commission and the Better Business Bureau on the best ways to enter into these agreements. In general, you will want to find out as much as you can about who you are entering into a contract with. Know who owns the property, if the property taxes are paid up, and the quality of the property through an inspection report. It may seem like you don’t have time or the ability to properly investigate an opportunity for a new home. And if you are in the situation of financial difficulty, it may seem even less likely you will want to take the time and money to investigate your new home. But there are services to help you make the best decision possible. And remember: You may not have much money now, but over the course of a year or multiple-year rental agreement, you are likely to spend tens of thousands of dollars on this place. Make sure you’re entering into something that is worthwhile instead of losing out on the back end. Most importantly, if you decide to enter into one of these agreements, be certain that the contract you sign is in your best interest and a smart option. Be sure to contact an experienced and reputable attorney before signing anything. For more information on this area, check out our overview of real estate laws. There is a right way to enter into any of these agreements, and, unfortunately, many wrong ways to do them.
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