Houston Chronicle Sunday

Some rent-to-own agreements can be risky business

- By Jim Woodard

Rent-to-own agreements provide a simple way for an individual or family to rent a home and be assured they can own the property in the future.

It involves a lease with an option to buy at a specified time and date. In some cases, a portion of the monthly rent can be used for part of the down payment.

However, some of those agreements are written in a way that is questionab­le to attorneys. They can require the tenant to pay for all maintenanc­e and repair costs. A recent investigat­ion by

The New York Times calls into question some rent-toown agreements, arguing that some of these deals are risky, lack consumer protection­s, and even may not be enforceabl­e in some states, it was noted in a report by the National Associatio­n of Realtors.

“Smaller firms, in particular, are offering renters the opportunit­y to lease less expensive homes with an option to buy. But housing lawyers are reporting an increase in disputes involving rent-toown transactio­ns and are cautioning renters to read contracts carefully before they sign.

“Some renters later discovered building code violations and major problems with the homes they moved into. One renter told The New York Times he faced they were confused by the contracts’ terms and requiremen­ts when they signed them. They later find they are stuck with big, unexpected bills for repairs.

“If it’s a lease and they are claiming that none of the landlord-tenant obligation­s apply, then I would argue they have to adhere

A recent investigat­ion by The New York

Times calls into question some rent-toown agreements, arguing that some of these deals are risky ...

an $8,000 cost to install a new seweage system.

“The renter said (the landlord) helped him find a contractor to make the repairs but then rolled the cost into a new contract, which then valued the property at $60,000. That also increased his monthly costs by $65 to $470 a month.”

The report included quotes by tenants indicating confusion about the rent-to-own agreement:

“Some renters now say to federal truth in lending rules,” said Judith Fox, a professor of law at the University of Notre Dame. “You can’t have it both ways.”

In today’s market, about 12 percent more homes are listed as “fixer-uppers” than were referred to as such five years ago. The number of similar listings has been rising steadily since 2011.

Rising home prices and tough buyer competitio­n may be giving sellers more flexibilit­y to list their home for sale “as-is” without needing to fix it up first. There are even more among highpriced homes in hot markets, according to a new Zillow analysis.

The report identified the number of fixer-upper homes listed for sale beginning in 2011 and ending in 2015, and compared them to overall for-sale inventory trends.

To identify fixer-uppers, Zillow mined historical listing descriptio­ns for phrases such as “fixer-upper,” “TLC” and “needs work,” it was reported by the National Associatio­n of Realtors.

“Nationally, expensive fixer-uppers, or those priced within the top third of their markets, saw the biggest surge in inventory over the last five years, rising nearly 35 percent. Conversely, affordably priced fixer-uppers, or those valued within the bottom tier, increased less than 3 percent.”

Video walk-throughs, which are short videos of homes listed for sale, have been a popular means of marketing homes via the internet.

Now, with the increas- ing demand for rental properties, this concept has been replicated for homes available for rent. One firm recently announced implementa­tion of this system.

Zillow introduces video walk-throughs on rental listings, providing renters with an immersive way to envision themselves in a home.

“Video walk-throughs are short videos that will give renters more informatio­n about a home’s key features and special attributes,” according to a news release. “Video walk-throughs are designed to fit into the browsing behavior of renters.”

The report pointed out the advantages of establishi­ng a firm time limit for each video.

“With a time limit of two minutes and no sound, video walkthroug­hs give renters a new way to explore the real estate market and narrow down the homes they want to tour. The format is the same for every listing, giving renters a consistent viewing experience, allowing them to more easily compare homes.

“Video walk-throughs have been tremendous­ly popular on for-sale listings. Bringing them to rentals is a natural extension,” said Jeremy Wacksman, Zillow chief marketing officer. “Renters (get) a quick glimpse into home features that are hard to capture in photos, like how a home is laid out or how much natural light there is in the kitchen.”

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