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If
you have found a favorable investment opportunity, but lack the
funds to invest, consider an “option.” An option gives
the optionee (person getting the option) a great deal of leverage
with little cash output. Essentially, obtaining an option would
give you the right to purchase or lease a property for a specific
price for a certain period of time. If you decide you want the property,
you can exercise your option to buy or lease. If you don’t
want it, you are not obligated to do anything.
An option is a way of giving yourself time
to make a decision or obtain funds while still taking advantage
of a favorable opportunity. For just a few dollars, you can obtain
control of an expensive property. And control equals money in real
estate.
Consideration
For a purchase option to be valid, the potential
owner (optionee) must give consideration to the owner (optionor).
This consideration is anything of value – usually money. However,
an item or right having value can also be used as consideration.
In real estate transactions, the consideration given is often a
percentage of the purchase price.
Finding option opportunities
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It is easier to find option opportunities in
a slow market. When property is not moving quickly, owners are more
open to alternatives like options. Some owners will take a lease
option on a property they intend to sell. Known as a lease with
the option to buy (or a “lease option”), this benefits
the owner by giving them cash flow provided by the rental income.
The optionee benefits by committing to pay the owner rent with the
option to purchase at some time in the future for an agreed upon
sum. This way, the optionee doesn’t have to lay out a large
sum in order to get control of the property or lock in the benefit
of ownership.
Negotiating the option
As an optionee, you want the lowest possible
option costs, the longest possible option period, and (on a lease
option) the highest percentage of your lease payments applied to
the purchase price. In addition, you want to retain the right to
sublease the property. This would allow you to turn around and lease
the property to someone else (at a higher rate) and/or give your
tenants the right to purchase the property – at a rate higher
than the one you originally negotiated.
Options on commercial and industrial properties
If you option a vacant property and then find
good tenants to lock into long term leases, you can make a great
deal of money selling it to investors.
Zoning changes and increasing property value
Some investors use options to tie up a property
for a period of time. They use the option period to obtain zoning
changes or approval for desirable uses and then sell this more valuable
property to a developer.
Options to rent
Owners with problem properties are often desperate
enough to provide options on short-term rents – or longer
term rents are very low prices. Like the purchase option discussed
above, the savvy investor will use this rental option period to
find a good tenant. This method, however, involves a great deal
of risk and usually attracts investors who feel confident in their
ability to obtain a desirable sublease.
Not exercising the option
An investor is not required to exercise an option,
nor is the investor required to exercise the option exactly as it
was given. The owner’s motivation or circumstances may have
changed making them more open to renegotiation. You are not precluded
from attempting to renegotiate price or terms.
Right of first refusal
If you are the owner of a property, you want
to resist giving a tenant a purchase option that could cut into
your appreciation. However, you can give a right of first refusal
without fear because the tenant will not have the right to buy if
you don’t want to sell. However, if you decide to sell to
someone other than the tenant, you must first offer the tenant the
right to purchase at the same price and terms you would except from
the third party. Either way, the owner will not lose.
Options provide a great way to avoid a down
payment, while still offering the profit potential gained through
lease or sale.
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