Rent-to-own guidelines

  • MarkTorgerson

    Status: REIN™ Member

    Posts: 319
    Joined: 17 Oct 2007
    From: Calgary / Medicine Hat


    I have recently re-engaged into the real estate investing world after taking a break.
    I have several rent-to-own contracts in place. These are for properties that I hold title to. Many of the contracts were signed 2 to 3 years ago and many will be coming to term soon. I signed the contracts using as much "forward thinking" of what CMHC would want to see down the road. I also understand portions of the legal side has changed as well.

    A few questions to what the latest and greatest rules may be.
    • Does the excess rental payments (credits) and the deposit get held in a lawyer's trust account? If not, how is the tenant buyer protected?
    • If they are not in a trust account, what would prevent the seller from spending the money?
    • If they are not in a trust account, what would happen if the seller was going through financial hardship, spent the money,  and went into bankrupcy?
    • What happens if the house doesn't appraise for the agreed sell price at the end of the term?
    • Does the contract need to say that a portion of the deposit must be refundable. I heard something along these lines from Dan Heon.
    • What happens to the deposit and excess rental payments if the client is unable to close?
    • I'm curious to the feedback on the ratio people are getting with closing these deals
    • Has anyone out there been sued yet for a rent-to-own not closing?

    Thank you in advance for your time


    Mark Torgerson,
    Gold REIN member, Silver REIN member multi family, Top Player 2014.

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