That pretty much the best advice I can give you as a BROKER, and not an Attorney. There are a lot of other options available to you to sell property, but if you decide to sell your property with a lease option and have a disagreement with the tenant you will likely lose the home and maybe more. If you lease-option the house with any financing tied to it you are breaking the law.
Two laws have been passed in recent years which, together, have dealt a deadly blow and made it unlawful to use the popular lease-options as we commonly know. SB 1823, and SB 629. For more info also read Texas Foreclosure Law.
In a nut-shell remember if you have a lien (mortgage) on the property there is a due-on-sale clause. A lease option contract is considered an executory contract in Texas meaning the buyer has all the rights to the home as any other home owner including Homestead, therefore Texas Foreclosure Law comes into effect as well.
One solution is to sell doing owner financing and wrap the mortgage.
If you are a buyer or seller in the DallasFort Worth Texas Metroplex and think a lease option is the only option for you consult with one of our REALTORs - we will be happy to assist you in anyway possible and find alternative solutions to your real estate needs.
JP Piccinini is the BROKER/OWNER of JP and Associates REALTORs - a real estate company based in Frisco Texas where its REALTORS always strive to Exceed Expectations. He specializes in residential real estate sales in Frisco, Prosper, Plano, Allen and McKinney.
Author:JP Piccinini Phone: 480-980-9025 Dated: April 24th 2012 Views: 3,257 About JP: JP Piccinini is an entrepreneur, philanthropist, proud dad and the Founder, Broker and Owner of JP a...
JP And Associates REALTORS (JPAR) is one of the top 100 independently owned brokerages in the US. A full service real estate brokerage firm specializing in real estate sales and marketing services with multiple offices across the US and expanding quickly. JPAR is also one of Real Trends top 500 Brokerages in the US for volume and sales and in the top 1% in the US for sales.
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