Rent-to-own deals can be risky business
Last month I received an email from a firm billing itself as a “very successful real estate investment firm that invests heavily in something called rent-to-own.”
The e-mail offered several “hot deals” that were “going fast.” Three were on behalf of “high income” tenants now looking to buy a home in or near Toronto, and one was an offer to sell a “premium Mississauga lakeshore rental” home with tenants already in place.
The offers promised annual returns of 20.98 to 26.72 per cent to investors who would buy the properties and lease them to tenants with an option to purchase at a fixed price anywhere from one to five years down the road.
The rent-to-own option is also known as lease option. It consists of an agreement which combines a lease with an option to purchase at some time in the future.
The concept is said to appeal to tenants with a problematic credit score, but enough cash on hand (say $10,000) to pay for the option. The investors use the tenant’s option fee as part of their down payment and collect “above market” rent until the tenant is in a position to obtain financing and purchase from the investors.
Tenants can lock in a purchase price in a rising market and can freeze their rental payments for as long as five years.
The pitch to investors is that they can invest in rent-to-own properties which offer “low risk, high returns, hands-off investments that build substantial wealth fast.”
Unfortunately, that’s simply not true. The rent-to-own concept presents significant risk both to sellers/landlords and buyers/tenants.
Perhaps the most significant challenge is that there are no standard lease purchase agreement forms accepted by the real estate industry, and the commonly-used templates that I have seen in my practice leave a great deal to be desired.
Trying to determine an option price for a transaction taking place in three to five years in the future is largely guesswork. If the price is too high on the option date, the buyer will back out, and if it’s too low, the seller will walk away for potential additional profit.
As well, tenant buyers may be paying more than market rent so that each month some money will be credited against the eventual purchase price. If the buyer backs out at the expiry of the lease option, he or she will lose the option fee and any monies paid along the way as a credit against the purchase price.
Buyers may also be exposed to unlicensed real estate agents like the ones who sent me the marketing email last month, or to unscrupulous sellers. Back in September, 2008, the Toronto Star reported on Solution Homes, the operators of a rent-to-own scheme who leased houses from desperate sellers, subleased them to tenants, pocketed the rents without making mortgage payments, and left the tenant buyers to be evicted by the mortgage lenders.
For investor sellers, the worst case scenario is when the tenant buyer goes into default. The Landlord and Tenant Board has ruled that it does not have jurisdiction to evict a defaulting tenant who has an option to purchase. Power of sale and foreclosure proceedings cannot be used, and landlord sellers are forced to take defaulting buyers to Superior Court to evict them and terminate the option agreement. This is what happened in the case of Novotny v. Fowlerwhere the parties retained lawyers and experienced significant delay and expense to unwind their rent-to-own deal when the buyer defaulted.
In his 2010 book, Investing in Rent-to-Own Property, Mark Loeffler significantly downplays the risks involved in a worst-case scenario. His simplistic answer, for example, to the defaulting tenant problem is to check out the tenant’s credit and require post-dated cheques for the entire term, which is prohibited under Ontario law.Rent-to-own is not for everyone. For both sellers and buyers it involves a significant amount of risk. Participants in the program should only deal with licensed real estate agents and with real estate lawyers who are familiar with the concept.
Bob Aaron is a Toronto real estate lawyer and consumer advocate. He can be reached by email at bob@aaron.ca, phone 416-364-9366 or fax 416-364-3818.
Visit the Toronto Star column archives at http://www.aaron.ca/columns for articles on this and other topics or his main webpage at www.aaron.ca.
Friday, August 5, 2011
Rent to Own Beware and Be Careful
Tuesday, April 26, 2011
What do others say about you?
| |||||||||||||||
Tuesday, March 15, 2011
"Cheapest Price" Commissions
We were in a hurry yesterday with duplicating keys for an estate sale. At the closest hardware store I was directed to an irritated "minimum Wage" employee that reminded me that their price was the lowest.
"Cheapest Prices for Cut Keys" he chimed
The second key, they didn't carry that particular blank, but that "More Expensive" fellow up the mall did. At the second store I was greeted by the proprietor who looked at the key to be duplicated and warned about the price of the blank; "I need it". Back to the house to try the key... Expensive one works great, cheap one is stiff and resistant. Doesn't fully close. It was very difficult to turn.
Back to the shops. I don't have time for this. Did I return to the lowest price that complained? No, I went to the fellow who did his job properly and took my money. I asked about the error with the "first cut" He looked at it carefully and said; "You see here" showing me the key, "Someone rushed, It's a little off."
I returned again to the estate home and tested the second re cut key. Perfect. Yes it cost a dollar more but could have saved me 45 minutes had I gone there first.
There is a lesson here for all of us. Too often we are attracted by the lowest price, only to have other expenses undisclosed or a repurchase do over is required that just plainly waits time. There seems to be a race to the bottom for prices on everything lately. Then there is the cost expense and waste of the re do.
Have things like this happened to you?
Sunday, March 6, 2011
Avoiding Listing Disappointment What questions to Ask..
10 Marketing Questions To Ask The Real Estate Agent
Who Is Offering To List Your Property For Sale
With 90% of property buyers searching online for real estate, you'll likely be best served by an agent who understands modern Real Estate web marketing techniques.
Quick Note: Most real estate agents you interview will not be able to answer all of these questions, but whoever comes closest is probably an excellent choice...
Questions For Your Prospective Real Estate Agent
· Can you create a single property website for my property? Will it be syndicated? Can you track the metrics, activity and viewers?
· Will this site include a video of the property? Will the video be on Youtube? How about some other video sharing sites?
· How often will you post to Craig’s List? Will your Craig’s list ads divert that juicy Craig’s traffic to more effective lead capture points?
· How many Facebook ad impressions do you plan to purchase for the property? How will they be targeted?
· Which keywords will you target as part of the Google adwords and/or Bing campaigns you run for the property? (What’s your budget for these campaigns?)
· How big is your website’s RSS based newsletter readership?
· Do you have any lead capture sites out there capturing buyer leads?
· Will you post my property to your blog and update your readership at least twice/month with price changes, etc?
· Will you create a Twitter Account for the property? Will it follow other twitterers in the area and invite them to take a look at my listing?
· What kind of camera will you use to take the pics of my property? How many photos of my listing do you intend to post around the web? Sample Photo Stream
· Can I see the MLS description you plan to write for the property before we execute a Listing Agreement? Can we edit and modify data together?
· Are you willing to notify the 10 agents who have the most recent sales on properties closest to my property about the listing?
· Which social networks will your blog posts about my listing syndicate to? How many total people do you have on your friends/fans/followers lists?
· Will I be able to access web analytics for the various sites where my listing appears? Can you set me up to be able to view these visitors in real time?
· Are you an Accredited Senior Agent?
· Can they provide you with a Pre Listing Package?
If you'd like help selling your home; and to work with an experienced Accredited Senior Agent, feel free to Click here to cennect with David Pylyp for help...
Saturday, February 26, 2011
You taught me a great lesson about referrals
Thank you for entrusting your client to my care. I will attend to them well, with care and honesty. They will be communicated with regularly during the sale process. You will also receive updates of their Buying and Selling process as it occurs.
While the business measures how many listings and 100% Club membership, participation in the 3 Million Dollar and Million Dollar clubs; I think that being an Accredited Senior Agent with 22 years working in the people's needs filling business has more merit and satisfaction.
Your clients sale will be promoted on a Top Ranked by Google website for Homes west Toronto. This additional viewership to MLS.ca and REMAX.com ensures more eyes on the listing that tranlate directly to more showings.
Upon receipt of your request to attend at a residence a prelisting package is sent by courier or assitant to the Seller's address. The Package includes a colour printed Listing Presentation (produced in Powerpoint) and embedded below for your information.
The commonly-used real estate forms available for download below offer clause-by clause plain language explanations of the legal terminology used throughout them. Understanding what you are signing is essential to having a successful transaction.
In addition to this we include a Sellers Check List and Seller's Net Sheet. Feature sheets of previous sold listings are made available as a sampler of the Marketing Material. Video and Slide Show Viewer is used FOR each listing.
Upon arrival (post inspection) the Seller client would normally receive the GeoWarehouse Report giving ownership details (confirmation of deeded owners), MPAC Value providing lot size verification and a printed CMA to help establist Fair Market Value. With these documents in hand and the pre listing package delivered earlier, it is calmer to have Sellers ask related questions.
If you have clients coming or leaving, or family property to sell, an estate to settle and require transition management, rest assured that your referral and client will be well attended to with honesty, respect and courtesy.
Remember we not only pay you a 25% referral fee but also provide a tin of our famous Tim Horton's coffee with each successful transaction.
Thursday, February 10, 2011
Will you get Pinned for Valentine's
It’s incredible that it is already February and Valentine’s Day is just a week away! Order wisely! Plan ahead! Do something Special! Now when they say PIN me Its your code for the Blackberry. Yes I joined, I can friend you too!
The Phenomena that is the real estate market in Toronto continues unabated. No matter the media, no matter the headlines, the declining inventory forces Buyers to compete for those listings in the neighbourhoods they desire. Read details here Sales Down, Inventory Down Prices holding firm with multiple offer situations in the select neighbourhoods. Condos now account for 35 % of all sales. Click Here for Market Watch.
Bank Changes by Flaherty to the amortization reduced to 30 years and the ability to refinance homes limited to 80% on your home equity line of credit [HELOC] really doesn’t make much difference to existing home owners. It will limit those entering the market. New Canadians can buy with 5% down, Full Time job and Landed Immigrant status. (PR CARD) So what changed? No More Bank insured lines of credit.
No one enters a relationship planning to leave, but if you are planning departure make sure you make yourself aware of the rules; There are mutual debts and assets and your borrowing and liabilities will go with you. The asset you thought you own, may require spousal consent for a sale. Marcy Berg sets out the Rules Click here for additional details.
Fun Places? The Phone Booth Art Gallery in the Junction, 3148 Dundas St W., nr High Park. They have a display of local artists and pottery. If you are seeking something different….. GO and Stare in their window! Click Here!
I am taking some time, to improve my licensing, and obtain an Accredited Seniors Specialist Designation. This will enable me to hone my knowledge and skills with senior issues and estates in a better fashion. I am sure there will be details following shortly.
Increase in values this year? My guess 4% 1.5% bank rate plus inflation of 2.4%. Careful what you borrow to buy.
If you find value here; please forward it to a few friends or business partners, as always I need your assistance to connect and engage with new prospects. If you think of someone buying or selling in the near future, please tell me how best to connect them.
regards,
David Pylyp
Sales Representative
RE/MAX Realty Specialists Inc. Brokerage
HomesWest Toronto
Humber Bay Shore
Help Me Get to 150 Friends on this Facebook Page; Click and Like me Please
905 272 3434 office
647 218 2414 direct
Professional and Persistent in getting things done.
Wednesday, February 2, 2011
New to Canada Housing Program
New to Canada Mortgage
If you are new to Canada and need a mortgage to finance a home purchase, there are a number of decisions you will need to make and supporting documentation you may need to provide. As a newcomer, you will lack a Canadian credit history and, therefore, may find it more difficult to secure financing.
The first thing you should do is start building credit as early as possible. There are a number of ways to do this, but here are some highly recommended tactics:
· Open a bank account and perform frequent transactions.
· Pay your bills in full and on time, including rent, utilities, and telecommunication services.
· Apply for a credit card.
· Apply for small loans from your bank and make regular payments.
· Prove that you have a consistent source of income by staying with the same employer for a sufficient amount of time.
Supporting documentation for a New to Canada Mortgage
The good news is that you can obtain a New to Canada Mortgage with similar terms to a typical mortgage application, but you may need to provide additional documentation supporting your credit history and ability to pay.
Two things you will definitely need to provide are income verification, via an employment contract and/or salary deposits, and a valid work permit or landed immigrant status. Depending on your individual situation and the lender, there is also an array of other credit proofs you may be required to supply as well.
These credit proofs may include, but are not limited to:
· Rental payments for ‘X’ months and/or confirmation letter from landlord.
· Regular payments towards utilities, telecommunications, insurance, etc, and/or confirmation letter from service provider(s).
· Banking history.
· Letter of reference from a recognized financial institution.
· ‘X’ months bank statements.
· Documented regular savings for ‘X’ months.
· International credit report.
The remaining inputs for your mortgage application are typical to a traditional Canadian mortgage with only a couple noted exceptions.
New to Canada Mortgage down payment
As per Canadian regulation, you will be required to put down at least 5% of your home value as a mortgage down payment. The Canadian Mortgage and Housing Corporation (CMHC), Canada’s leading mortgage loan insurer, states on its website that it insures newcomers with permanent resident status was as little as 5% down payment, while non-permanent residents can purchase a home with a 10% down payment.
You do not need to purchase mortgage insurance, however, if your down payment is more than 20% of your home value, which is known as a conventional mortgage.
New to Canada Mortgage provider
You can obtain a mortgage through a traditional lender such as a bank or credit union, or you can do so through a Canadian mortgage broker. Mortgage brokers provide an origination service – lenders service the loan – and will guide you through the mortgage process. Mortgage brokers have access to many lenders and products, and therefore, supply very competitive mortgage rates.
Amortization Period
The amortization period is the amount of time it will take to pay off your mortgage. In Canada, the maximum amortization period is currently 35 years, but as of March 18, 2011 this will be reduced to 30 years. A longer amortization period will reduce your monthly mortgage payments by spreading them over a longer time frame, but will equate to more interest paid over the life of the mortgage.
Term
The mortgage term is the amount of time you commit to the contractual provisions and mortgage rate with your lender. Typical terms are between one and 10 years, with five years being the most common. When your term is up, you will need to negotiate a new contract with a mortgage rate available at the time.
Interest Rate Type
The final major mortgage decision you will need to make is the type of mortgage rate you want. Mortgage rates can be either fixed, at a constant rate of interest over the mortgage term, or variable, fluctuating with market interest rates. This is a personal decision based on your unique tolerance for risk and predictions on future interest rate direction.
For more information on the standard mortgage process and additional home buyer resources, please visit RateHub’s comprehensive Education Centre.
When you are ready to purchase I would be happy to represent you in a purchase. Call me David Pylyp 647 218 2414 Lets get started
Thursday, January 27, 2011
New to Canada and Buying a house?
Monday, January 24, 2011
Trains Planes and Automobiles
Message from Martin Lennox JRA chair
This is the first of three emails this week which your JRA has prepared to help inform Junction residents of the discussions around transit in our area.
This is a critical time for transit in our neighbourhood and our great city. Our representatives will be making choices on Transit City, TTC bus service and electric trains in the Union-Pearson rail corridor over the next few weeks.
We feel it is very important that our elected representatives hear our voice on these important issues as they make critical transportation decisions that will affect our daily lives.
Five hundred people receive this email and we hope each of you will take just a few minutes this week to write, email and phone your government representatives to voice your opinion on the future of transit.
Transportation is our history; let’s help to shape its future.
First Discussion: Electrification of the Union-Pearson Rail Corridor
a. Metrolinx Electrification Study
Message from Karen Pitre, Electrification Study Project Director (January 19, 2011)
“Today, Metrolinx has released the findings of its comprehensive study which examines the electrification of the entire GO Transit rail system and the future Air Rail Link (ARL), as a future alternative to Tier 4 diesel trains. Metrolinx staff is recommending to the Metrolinx Board of Directors to move forward on the electrification of the GO Georgetown and Lakeshore corridors in phases, beginning with the ARL on the Georgetown corridor. The final Electrification Study report, as well as the accompanying Metrolinx staff report for the upcoming Metrolinx Board of Directors meeting ... and appendices are ... available online at www.gotransit.com/estudy.
Should you have any questions or comments about the report, please email karen.pitre@metrolinx.com.
Karen Pitre
Project Director
Electrification Study
Metrolinx
20 Bay Street, Suite 901
416-729-2186
Visit our website: http://www.gotransit.com/estudy"
b. Build it right, build it once. GO Electric NOW!
Message from Rick Ciccarelli of the Clean Train Coalition (January 23, 2011)
“On January 26th there is an important public rally for sustainable transportation. It is being held in front of the Central YMCA starting at 8:30 am. This is the location of the Metrolinx Board meeting, where they will be receiving the most recent study on electrification of the regional commuter rail network. See www.metrolinx.com for their information on the study.
Clean Train Coalition is a volunteer, non-partisan group representing communities along the rail corridor between Union and Pearson. We are in favour of increasing the availability of sustainable public transit, and have been advocating for the past two years to encourage Metrolinx and the Province to use clean electric trains for this system expansion. We strongly believe the Air Rail Link should be electric from the outset, and that the communities between Union Station and Pearson Airport should be better served with healthy and well-integrated electric transit.
We hope to see you at the Central YMCA, 20 Grosvenor, this coming Wednesday!”
c. Local news articles on the Metrolinx Electrification Study
Electrify Georgetown and Lakeshore GO line, says report [The Star]
Electrify GO Transit’s busiest corridors, Metrolinx report urges [Globe & Mail]
Metrolinx recommends electrifying GO trains [National Post]
Full electric GO Train system costly: Metrolinx [The Sun]
d. Last word from your JRA
Rail is the foundation of our community and it's going to be around for a long time, so expansion must be clean, fast and available to everyone.
The JRA supports Clean Train Coalition, and we feel the Union-Pearson rail corridor should be electrified now, before we expand service by hundreds of trains per day.
Metrolinx is recommending that the electrification of the corridor be a top priority, yet they are moving forward with the purchase of diesel trains for the Airport Rail Link.
It is our recommendation that we move forward with electrification now.
Please contact the politicians below and have your voice heard today.
e. Who can I contact to voice my opinion?
Hon. DALTON MCGUINTY
Premier, Province of Ontario
Rm 281, Legislative Building, Queens Park
Toronto ON M7A 1A1
Tel: (416) 325-1941 Fax: 416-325-3745
dmcguinty.mpp.co@liberal.ola.org
Hon. KATHLEEN WYNNE
Minister of Transportation
Ferguson Block, 3rd Floor
77 Wellesley St W
Toronto ON M7A 1Z8
Tel: 416-327-9200
kwynne.mpp.co@liberal.ola.org
LAURA ALBANESE, MPP, York South--Weston
Unit 102, 2301 Keele St
Toronto ON M6M 3Z9
Tel: (416) 243-7984 Fax: (416) 243-0327
lalbanese.mpp.co@liberal.ola.org
TONY RUPRECHT, MPP, Davenport
1359 Davenport Road
Toronto ON M6H 2H5
Tel: (416) 535-3158 Fax: (416) 325-9961
truprecht.mpp.co@liberal.ola.org
CHERI DINOVO, MPP, Parkdale-High Park
3136 Dundas Street West
Toronto, ON M6P 2A1
dinovoc-qp@ndp.on.ca
Thursday, January 20, 2011
Are you Buy Curious Toronto?
|
Saturday, January 15, 2011
We strive to be the shark
Wednesday, January 12, 2011
Do Not Press this Button!
How can I get your attention to demonstrate superior marketing ability and experience?
Marketing Questions To Ask The Real Estate Agent
Who Is Offering To List Your Property
With more than 90% of property buyers searching online for real estate, you'll likely be best served by an agent who understands modern Real Estate web marketing techniques.
Ask a few Questions For Your Real Estate Agent
Will you create a single property website for my property? Will it be syndicated? Will this site include a video of the property? Will the video be on Youtube? How about some other video sharing sites?
Is there a photo stream available with 15 or 20 pictures?
How often can you post to Craig’s and Kijiji? What other ad sites do you use to drive visitor traffic? Are Facebook Marketplace ad impressions available for the property? How will they be targeted?
· Do you have any landing pages by topic that capture prospect interest?
Will you post my property to your blog and update your readership with OPEN HOUSE dates and events?
Will you create a QR code for the property? Will it automatically show the website and inside pictures and invite them to take a look at my listing?
· Can I help edit the MLS description you write for the property after we execute a listing agreement? Will you provide a Copy of your Marketing Plan?
If you are not performing as promised Can I get rid you?
If I buy something and we are unhappy, Do you provide a Satisfaction Guarantee?
· Which social networks will your blog posts about my listing syndicate to? How many total people do you have on your friends/fans/followers lists?
Click Here to Contact David Pylyp for help... I answer my own phone. 647.218.2414Sunday, January 9, 2011
Its OUR subway Where do you want it?
Light Rail Transit Supporters!
Thank you for your support of Transit City; I appreciate that you took the time to email your political representatives on this matter. I am committed to do what I can to save Transit City and ensure better access to transit for Torontonians across the city.
I would like to invite you to two upcoming events:
1) Date: Sunday, January 9th
Time: 2 p.m. to 4 p.m.
Location: Toronto City Hall (100 Queen Street West)
A public gathering for all Light Rail Transit Supporters. For more information, visit http://www.facebook.com/update_security_info.php?wizard=1#!/event.php?eid=161885717188424 and sign up to support Light Rail Transit at www.ttcriders.ca
2) Date: Thursday, January 13th
Time: 7 p.m. to 9 p.m.
Location: Artscape Wychwood Barns, Barn#2 (601 Christie Street).
I will be hosting a community meeting with the Toronto Environmental Alliance (TEA) in support of Light Rail Transit across the city and the Eglinton LRT project.
Please find attached a very informative map created by TEA comparing the city wide LRT network to the proposed subway plan. Thank you once again for your continued support for keeping Light Rail Transit moving in Toronto.
Sincerely,
Joe Mihevc
David Pylyp The residents of Toronto, the tax payers and users of this transit system need to stand up and speak their minds for what our Transit system will look like in the future. Will we have a quaint open pedestrian court in downtown only fed by transit vehicles, outdoor cafes and a walking promenade ( Yonge Dundas Square) or will we continue to foster one was streets through residential neighbourhoods that frustrate drivers between speed bumps only to double back to main intersections.
Life was never meant to be waiting for an opening in the Left turn lane.
Add your voice