Lease Option question


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  • Hello Jackie and members,
    Just wanted to pose a question on lease options that protect the optionor from a new 5% down law in FL. Basically if the optionor pays more than 5% down or holds the property for more than a year then defaults on payments they need to be foreclosed on which is a long and expensive process!
    We have a duplex that we want to sell with a special option. We would like to use an agreement where we don’t have to foreclose if payments are not made. I believe Jack Shea teaches how to do this and I have reached out to him as well.

    Option Price is 110k
    Consideration is 10k
    3k of this is going to the wholesaler who found the buyer/ optionee.
    Monthly lease payments are 975 with 1st and last due at signing. 100 per payment going to principal.
    Its a 40 month L/O
    The property is held in our LLC.
    There is a recorded private mortgage on the property.

    What forms would give us the protection we need from potential default and give the buyer/investor the right to rent the property and manage it, etc? I know the lease and option contract should be kept separate.
    Perhaps contract for option or contract for BI of a trust?
    What else should we require to keep our ducks in a row?

    Thanks in advance for your feedback!

    Regards

    If you want send me an e mail. I use a “Contract For Option To Purchase Benificial Interest In A Land Trust

    Don Wede [email protected]

    Don’s contract is in the FILE VAULT.

    If you do not want to foreclose if they default, then you need to NOT given them the deed. Sell the beneficial interrest of a land trust

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