Is rent-to-own right for you?

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Is rent-to-own right for you?
From the lender’s desk

Is rent-to-own
right for you?
Rent-to-own can be a lucrative option for the astute investor. To help you
minimize your risk, our experts will guide you through the nuts and bolts
of this strategy, in this first instalment of this informative series

A
             strategy that has gained          is whether you are willing to become        the problems that plague traditional
             popularity recently is rent-to-   a landlord and perform the associated       landlords and require arbitration by
             own, whereby a tenant rents       roles and responsibilities as mandated      the Landlord and Tenant Board are
             a property for a designated       by the Residential Tenancies Act.           significantly mitigated. We believe that
time period with an “Option” to                Rent-to-own is a re-invention of            the implementation and management
purchase it in the future at a pre-            a traditional rental business and if        model is the critical element that will
determined, appreciated price.                 structured properly can provide             make this investment strategy a success
   Whether this is the right investment        distinct performance incentives to          for all of the parties involved.
strategy for you depends upon more             the tenant/buyer in return for their           We also think it’s important to
than the promise of a generous return          fairly significant upfront investment       assess whether the human element
on investment. As with any investment          toward the future purchase of a home.       is relevant to you, because investing
opportunity, it is important to assess         In successful models, we’ve observed        in rent-to-own is as much about
what the potential returns are relative        that there is a balance between the risk/   investing in people and their dreams
to the risks involved, and most                reward ratio for both the investor and      as it is about investing in real estate.
importantly, how to manage those               the tenant; enough so that many of          In order to be a success, the tenant/
risks. It’s also important to understand
the rules that govern the transaction,
including the implications of being                  We also think it’s important to assess
a lender versus being a landlord, the
difference between loaning money                     whether the human element is relevant
versus investing in people, the
difference between the goal of capital         to you, because investing in rent-to-own is
appreciation versus monthly cash flow,
and, of course, the tax consequences of        as much about investing in people and their
active versus passive income.
   Perhaps the most pressing question          dreams as it is about investing in real estate
52                                                                                                    canadianrealestatemagazine.ca
Is rent-to-own right for you?
From the lender’s desk

       i        What is a rent-to-own strategy?
                Also called a Lease Option, a rent-to-own has two main components

    The Tenancy Agreement                                                adequate income, who has some money saved toward their
    Often called a lease or rental agreement, the tenant rents the       eventual down payment. The tenant/buyer will be required to
    property from the investor using a customized rental agreement       provide an ‘option consideration’ of at least 2.5% -5% or more,
    that specifies a rental term typically between one to three          depending upon the investor’s risk assessment.
    years, but up to five years. During this term, the tenant pays an
    amount in addition to market rent called a rent rebate, which is     Pre-Qualifying the Tenant
    essentially a ‘forced savings’ amount applied toward the tenant’s    This is a crucial step in order assess the tenant’s credit situation
    eventual down payment. The amount of the ‘forced savings’            and to determine whether they meet the necessary conditions
    portion is generally the difference between the maximum              for success. It is essential to have a certified mortgage
    monthly rent payment that the tenant can afford and the              professional examine a) Why the tenants are in the financial
    prevailing monthly market rent. This amount also represents          situation they are in b) Whether they have the means to change
    cash flow that can be utilized by the investor until it is rebated   their situation c) How long, realistically, it will take them to
    back to the tenant/buyer at the end of the rental term. In many      qualify for a mortgage? This examination will determine the
    cases, the landlord/investor requires the tenant to accept           length of the rental term, identify the rent payment they can
    some additional responsibilities; such as sharing or absorbing       afford, establish the maximum purchase price for the home, and
    maintenance and its associated costs.                                factor in the affordability of their eventual mortgage payment.

    A Purchase Option Agreement                                          Finding the Right Property
    Among other things, this agreement outlines the rights of the        Ideally, the investor will find the tenant first so that they
    tenant/buyer to purchase the property from the investor at the       have the opportunity to choose the home of their dreams,
    end of the rental term at a pre-determined price. The purchase       that fits into their ideal price range and so that they have
    price, property appreciation factor, roles and responsibilities      strong emotional investment in the process. The investor
    of the buyer and investor, the terms for default, extensions,        can certainly put some boundaries around where they wish
    assignment rights and inspection clauses are included. By doing      to invest and they have the ultimate approval regarding the
    so, the tenant/buyer knows exactly what to expect and the            purchase of the property. Investing in cities with strong
    investor knows upfront what their exit strategy and estimated        economic growth and steady rental demand are important
    profit will be.                                                      considerations since both the investor and the tenant/buyer
                                                                         benefit from strong property appreciation.
    Finding the Right Tenant Candidate
    A typical tenant/buyer is someone who would like to own a            The Sale
    home but who either lacks the necessary credit score required        On the option date, the tenant/buyer has the option to buy
    to get a mortgage on their own or who has the monthly income         the house at the agreed upon price, or they can choose to walk
    necessary to support a mortgage payment but who doesn’t              away. In most cases they will lose their option consideration
    have the down payment of 5%-20% required by conventional             and rent rebates if they choose not to buy the house, as these
    lenders. A good candidate is someone with proof of regular and       amounts will be used by the investor to liquidate the property.

canadianrealestatemagazine.ca                                                                                                                   53
Is rent-to-own right for you?
From the lender’s desk

     The Benefits
     to the
     Investor
     zz Helping others while making a          buyer must be screened properly by           own is that the return is taxed as ‘active
        lucrative financial investment         qualified individuals who care as            income,’ or more specifically from
     zz Reduced operating costs                much about the tenant’s potential for        actively managing a property. Not only
        associated with maintenance,           success as in protecting the investor’s      is this tax rate typically lower, there are
        advertising and vacancies,             interests. The consistent element            also specific tax deductions that can be
        resulting in stronger profit           within the successful transactions           made that would not be possible for a
     zz Having a tenant with a vested          we’ve observed is that there is always       ‘passive’ investment such as providing
        interest in the upkeep and             a certified mortgage professional who        mortgage financing.
        improvement of the property            completes a thorough evaluation of the
     zz Predetermined exit strategy and        applicant’s financial picture and helps
        projected profit                       the investor determine their eligibility
     zz Saving on real estate sales            for a rent-to-own. Quite often there
        commissions                            is also a certified financial planner or
                                               counselor, who works with the tenant/
                                               buyer throughout the rental term to
                                               help them stay on track. This process
                                               protects both the tenant/buyer and the
                                               investor and will help set the stage for a    Dalia Barsoum , MBA , FICB and Enza
     Disadvantages                             successful outcome.                           Venuto, AMP, CMP and are lending advisers
                                                                                             with CENTUM Streetwise Mortgages
                                                  A prospective investor must ask
     for the                                   themselves what their highest priority is
                                                                                             #11789 and real estate investors with over
                                                                                             48 years of combined lending , financial
     Investor                                  for their capital. Unlike buy-and-hold        and investment experience. The team
                                               investments where capital appreciation        provides advisory services and lending
     zz Giving up any appreciation above                                                     solutions tailored to Real Estate investors
                                               over the long term is the goal, rent-to-
        the option price                                                                     and different investment strategies.
                                               own has a relatively short time horizon
     zz The property is tied up during the
                                               and therefore lower capital appreciation,
        option term as the investor does
        not have the flexibility to sell it
                                               but has the potential to provide lucrative    Jillian Brett is
                                               month-to-month cash flow, with an             President of Solutions
     zz The portfolio turn ratio is high                                                     Property Network
                                               opportunity for tax deferral on a portion
        relative to a buy-and-hold strategy,                                                 Inc. a Real Estate
        as the investor doesn’t hold a rent-   of it. Consultation with your financial
                                                                                             Investment company
        to-own property for more than a        and accounting team is crucial in order       specializing in Rent-
        few years and will need to replace     to plan the most beneficial tax strategy.     to-Own opportunities
        that investment                           In general, one of the significant tax     in Ontario.
                                               advantages of investing in a rent-to-

54                                                                                                      canadianrealestatemagazine.ca
Is rent-to-own right for you?
From the lender’s desk

canadianrealestatemagazine.ca                      55
Is rent-to-own right for you?
Rent-to-own series, Part 3

How to structure
a winning deal
Experts reveal secrets to structuring an “equitable“ deal

I
      n our previous article about rent-          limitations on the investor that will   payment, or they have been through a
      to-own (RTO), we suggested                  protect the property during the         bankruptcy, divorce, death of a spouse
      that the transaction is just as             holding period?                         or loss of a job and their credit rating
      much about managing people as            Doing proper due diligence and             has taken a beating. Or, they may be
it is about realizing profit, and that         performing planning based on               self-employed, or facing an imminent
performing due diligence and managing          reasonable, verifiable projections, as     financial crisis and are seeking a creative
expectations is of utmost importance.          well as being discriminating during        solution in order to avoid losing their
The tenant/buyer and the investor/             the process of accepting a tenant/         home. Whatever the case, it is likely that
landlord need to be crystal clear about        buyer are an investor’s best defence.      the investor has a more sophisticated
what’s in it for them, and to be certain       Both parties should be equally clear       understanding of finances and should
about what they are willing to put             about their responsibilities, the          make sure the transaction is sound
at risk in order to reap the potential         inherent risks, the opportunity cost       by thoroughly vetting every aspect of
rewards. When the transaction is built         and they should consult with their         the proposed deal. In our experience
on a reciprocal foundation of clarity,         financial and legal advisers prior to      expenses such as closing costs and
and a financial plan has been created in       signing any final agreements.              out-of-pocket expenses are often not
conjunction with certified individuals            An investor should only do              captured in proposals, so it’s important
who are qualified to perform financial         business with tenant/buyers whose          to thoroughly understand the upfront
analysis and impart financial advice, the      circumstances have been thoroughly         and operational costs that can dilute the
probability of a successful outcome for        analyzed and diagnosed by a certified      promised returns.
both parties is substantially increased.       mortgage professional. The tenant/            The RTO tenant/buyer should
    There is an onus of responsibility on      buyer should ideally agree to receive      choose to work with an investor/
the investor and the consulting financial      coaching from a certified financial        landlord who has experience and
team to properly qualify a RTO                 planner or equivalent and agree            credibility and who has the financial
applicant and to structure the terms of        to participate in ongoing financial        stability to undertake the responsibility
the agreement so that it identifies the        coaching during their tenancy in order     of covering all the costs associated with
risks for all parties involved, such as:       to make sure they stay on track and that   financing the transaction throughout
    What happens if the buyer is not able to   the investor is immediately apprised of    the holding period. Not everyone has
buy the property at the end of the term?       any setbacks.                              the technical knowledge and experience
yy What happens if there is either a              Most RTO applicants face                to structure an RTO deal properly.
    decline or increase in the market          extenuating life and/or financial          Choosing to partner with a company
    value of the property by the end of        circumstances that preclude them from      that is visible in the community, who is
    the term?                                  buying a home via conventional means.      referred by a trusted source, and who
yy What are the obligations and                Perhaps they haven’t saved a full down     can provide references is a great start!

52                                                                                                    canadianrealestatemagazine.ca
Is rent-to-own right for you?
Rent-to-own series, Part 3

               The Buyer/                     The Rent-to-Own
               Tenant                         Solution
               Situation                      The mortgage agent who referred her
                                              to Solutions Property Network Inc.
  Mrs. Smith approached us about              (SPN) suggested that an RTO agreement
  entering into a RTO transaction after       might give her an opportunity to turn
  being rejected for the mortgage             things around. An RTO transaction was
  renewal on her beloved home of 15           predicated on the agreement with her
  years. Although she had a great job         that the proceeds of the sale of her
  and was a valued employee with              house to SPN would be used to pay
  outstanding references who earned a         out all of Mrs. Smith’s debts, including
  decent income, she had experienced          her two mortgages, all her credit cards
  several extenuating circumstances           and her car loan. Mrs. Smith’s remaining
  that had left her credit rating severely    5% equity would be held by SPN as an
  damaged and she was facing imminent         “option consideration” – an amount
  financial disaster. Since she had made      that would be rebated back to Mrs.
  significant improvements to her home,       Smith when she purchased the house
  the idea of selling it was devastating to   back from SPN in 24 months (the repair
  her. Her financial situation had been       period necessary to raise her credit
  thoroughly analyzed by a certified          score by following a prescribed credit
  mortgage professional, and she had          repair program).
  been told that if she sold her house           A rental amount was established
  at market value ($244,000) in order         that was determined by the ‘fair
  to pay off her debts, that she would        market rent’ for her house, plus a
  have no equity left after paying real       rent-rebate amount of $300 added
  estate and legal fees. She would be         to each rent payment. So long as
  penniless and homeless. Due to the          Mrs. Smith paid her rent in full and
  high interest rates that she was paying     on time each month, that $300
  on an interest-only second mortgage         would also be rebated back to her at
  and several high interest credit cards,     the end of the 24 months. Together,
  she was sinking with debt – running at      the option consideration amount
  a $500 per month deficit.                   and the total of all rent rebates
                                              would form the down payment she
                                              would require in order to buy back
                                              her house. The monthly cost to Mrs.
                                              Smith to remain in her home as a
                                              tenant, without any consumer debts
                                              to pay, was $2,000 ($1,000 less per
                                              month than she had been paying
                                              while juggling maximum debt load).
                                              SPN took over the property tax and
                                              insurance payments and Mrs. Smith
                                              continued to pay her utilities.
                                                 An appreciation factor of 5% per
                                              year was applied to Mrs. Smith’s
                                              house, meaning that after 24 months
                                                                                         Everyone Wins
                                              she would buy the house back               The RTO agreement bought Mrs.
                                              from SPN for $269,000 and would            Smith what she needed most – time
                                              have a 7.84% down payment saved            to repair her credit. Secondly, it had
                                              that she’d accumulated in option           brought expertise to her – a qualified
                                              consideration and rent rebates             team who were able to create a realistic
                                              during her 24-month tenancy. Her           and achievable plan for her financial
                                              mortgage payments would be                 recovery. Thirdly, it enabled her to
                                              approximately $1,200 per month – a         realize the dream of remaining in her
                                              far cry from the $3,000 in payments        beloved home, with no apparent
                                              she had previously been making –           change to the outside world – salvaging
                                              mostly in interest.                        her dignity and sense of security.

canadianrealestatemagazine.ca                                                                                                       53
Is rent-to-own right for you?
Rent-to-own series, Part 3

An analysis of the deal revealed that
formerly, Mrs. Smith was paying $15,000
per year in combined interest payments
to service her debt load. These payments
were made monthly, and the burden of
making them was prohibiting Mrs. Smith
from ever getting ahead. Conversely, the
5% appreciation that Mrs. Smith paid on
her home during the RTO amounted to
approximately $12,500 per year, but it was
paid at the end of her 24-month tenancy
– giving her time to repair her credit
and get her finances back on track. The
appreciated mortgage amount was locked
in at an interest rate of 4%, as opposed to
the 15%-27% she had been paying on her
original consumer debts.
   For the investor, this transaction
provided a cash-on-cash return of 44%
over 24 months, having mortgaged 80%
of the house purchase. The investor
achieved a decent return relative to the
risk/responsibilities that they had taken
on. However, they had not only invested
money in the deal, they had also invested

        Rent-to-Own agreements are a
        financial partnership and should be
structured with a win/win outcome in mind.
If the transaction is balanced, the potential
for both financial and emotional rewards can
easily be achieved                                                                         Dalia Barsoum , MBA , FICB and Enza
                                                                                           Venuto, AMP, CMP and are lending advisers
                                                                                           with CENTUM Streetwise Mortgages
confidence in Mrs. Smith’s commitment         suggesting that defaulting mortgagees        #11789 and real estate investors with over
to follow her credit rehabilitation           seldom dispute the eviction, whereas         48 years of combined lending , financial
program. Had she failed to do so, they        tenants typically do. This adds a layer of   and investment experience. The team
would potentially have had to evict           complexity and risk for the investor that    provides advisory services and lending
                                                                                           solutions tailored to real estate investors
the tenant, liquidate the property, and       needs to be factored in when assessing
                                                                                           and different investment strategies (www.
incur all of the related real estate and      the risk/reward ratio. With each legal       streetwisemortgages.com)
legal expenses. For this reason, several      process, there is a delay, and this too
lawyers who were consulted in the             bears financial consequences that the
course of writing this article expressed      investor must be prepared financially        Jillian Bret is president
a strong caution for those investing in       and emotionally to incur.                    of SOLUTIONS
                                                                                           PROPERTY NETWORK
RTO agreements, suggesting that the              Rent-to-Own agreements are a              INC. a real estate
rules for landlords evicting a tenant are     financial partnership and should be          investment company
codified under the Residential Tenancies      structured with a win/win outcome in         specializing in Rent-
Act, whereas the eviction of a defaulting     mind. If the transaction is balanced, the    to-Own opportunities
mortgagee is codified in the Mortgages        potential for both financial and emotional   in Ontario (www.
                                                                                           solutionsproperty.ca)
Act and Rules of Civil Procedure -            rewards can easily be achieved.

54                                                                                                      canadianrealestatemagazine.ca
Is rent-to-own right for you?
Advertisement

canadianrealestatemagazine.ca              55
Is rent-to-own right for you?
rent-to-own

          PART 4                                                                                               Divorce

          Qualifying
                                                                                                               The financial impact of divorce may
                                                                                                               present specific challenges that require
                                                                                                               the applicant to re-organize their life and
                                                                                                               get back on their feet emotionally and
                                                                                                               financially. Although one of the divorcing
                                                                                                               parties may wish to maintain residency in

          tenants
                                                                                                               the matrimonial home, they may need time
                                                                                                               in order to build an adequate credit score.

                                                                                                               Missed Payments
                                                                                                               Sometimes applicants have a history of
                                                                                                               missed payments due to a specific change
                                                                                                               in their personal or financial situation.
                                                                                                               Health problems, for example, can present a
               Who is best suited to rent-to-own                                                               temporary challenge that stands in contrast
                                                                                                               to prior payment behaviour. An individual
               (and how to find them)                                                                          may have missed payments in the past due to
                                                                                                               a lack of understanding of good management
                                                                                                               principles or a lack of financial discipline, but

          I
            n our previous articles we emphasized the importance of proper tenant                              now they can demonstrate that they are back
            qualification as one of the key success factors of a rent-to-own (RTO) investment                  on track and willing to follow a rehabilitation
            strategy. In this article, we will discuss the specific characteristics of applicants              process. The criteria for accepting this type
          who are best suited to a RTO opportunity and provide a checklist regarding how to                    of applicant is their ability to demonstrate a
          qualify applicants thoroughly.                                                                       clear understanding of responsible money
                                                                                                               management practices and be willing to
                                                                                                               commit to a customized plan to stay on track.
           W
             ho    is an RTO                                W
                                                               hat  are their
               candidate?                                      challenges?                                     Business Owners
                                                                                                               and Self-Employed
          An RTO candidate is typically someone who         RTO applicants often include, but are not          The tax benefits of owning a business or
          was not approved for a mortgage but who was       limited to, people facing one or more of the       being self-employed are sometimes at the
          not far from meeting the lender’s criteria.       following challenges:                              root of an applicant having declared nominal
          Generally speaking, the applicant has a low                                                          income for several years. Since lending
          credit score in the 400 to 600 range, or lacks    Lack of credit history                             institutions typically require at least two years
          established credit history. Some applicants       Some applicants don’t have established credit      ‘Proof of Business Activity’ and personal
          have not saved the minimum down payment           history in Canada for a variety of reasons         ‘Notice of Assessments,' it can be challenging
          that they would require in order to attain        and are sometimes immigrants, divorcees            for a self-employed applicant to achieve mort-
          an institutional mortgage. Each applicant         or young adults who need time to build their       gage approval. Often the applicant’s capacity
          is unique, however, and could be facing any       credit bureau.                                     to afford their living expenses is significantly
          number of these challenges.                                                                          offset by their tax advantages, but this has not
             Regardless of whether the applicant’s          Low Credit Score                                   been captured in their mortgage application.
          challenges are down-payment related or            There are many reasons why an applicant’s
          credit-score related, they must demonstrate       credit score may be low, including former
          that they can afford the financial responsibil-   bankruptcy, divorce, poor bill payment              H
                                                                                                                   ow  to approve
          ity. Typically they will have been employed       history or self-employed income.                        them?
          for at least 12 consecutive months and have
          adequate proof of income to support the           previous bankruptcy                                Although the final approval rests solely in
          proposed monthly rent payment. In addition,       People sometimes declare bankruptcy in             the hands of the investor, we feel it is very
          they will have saved some or all of their down    order to seek relief from outstanding debts        important to involve a qualified mortgage
          payment and be able to provide an ‘Option         that they could no longer service due to job       professional who can demonstrate a solid
          Consideration’ in the range of 5% of the          loss, divorce, death of a spouse or health         understanding of credit approval and credit
          acquisition price of the home. Thirdly, they      issues. Conventional lenders typically want        counselling practices. An experienced and
          will be able to provide references from past      to see at least two years of good credit history   knowledgeable mortgage professional can
          landlords in order to verify their reliability    since the bankruptcy discharge in order to         have a significant impact during the qualifi-
          and accountability as tenants.                    approve mortgage financing.                        cation process in several ways, including:

          76   September 2011        canadianrealestatemagazine.ca

11017_CRE_Magazine_SEPT'11_layout_FINAL.indd 76                                                                                                              11-07-21 5:18 PM
Is rent-to-own right for you?
rent-to-own           

          • Pulling a credit report on the applicant          the property. The Option Consideration ful-
            (upon their written approval)                     fills a couple of useful purposes: a) It forms     W
                                                                                                                   hat  can they
          • Providing a detailed analysis of the credit       part of the tenant’s future down payment             afford?
            report                                            b) It represents a financial commitment by
          • Identifying critical aspects within the           the tenant, as they know that if they default     All of the above will help to assess the
            report requiring remediation                      or decide not to buy the home, the Option         client’s current situation and project
          • Determining a realistic and achievable            Consideration is retained by the investor to      whether or not they will be able to afford
            credit repair period                              be applied toward the liquidation costs of        the rent payments and the eventual
          • Establishing a time-measured action plan          the property. If the Option Consideration is      mortgage and expenses on the home. The
            that the tenant can use as a guideline            being borrowed by the applicant, you might        process will reveal how many months it
            and the investor can use to measure               request that the lending party become a           will take them to repair their credit and
            benchmarks for success.                           guarantor for the duration of the tenancy.        will establish the length of the rental
                                                              You might also consider asking for a higher       term. Certain assumptions must be made
                                                              Option Consideration as a hedge against any       regarding the future price of the property,
           What                                             higher risks that you are taking.                 what the mortgage rates might be at the
              to look for?                                                                                      time, the available amortization options
                                                              Credit Situation                                  and the client’s future financial situation,
           “Look Beneath The Iceberg” is our guiding          In consultation with the mortgage adviser,        but no assumptions should be made
          philosophy underlying tenant qualifica-             you will be able to learn about the applicant’s   regarding any information that can be
          tion. We always ask the applicant to sign           current behaviour with respect to money           verified now.
          an “Authorization to Release Information”           management, their cost of living, debt repay-        Your mortgage adviser can assist with
          that includes permission to update records          ments and how much they can afford for rent       information regarding mortgage rates and
          periodically throughout the tenancy period          and save each month.                              amortization options. For determining
          by contacting financial and employment                                                                the future price of the property, you will
          references. Attaining formal written docu-          Gross Debt Coverage                               need to analyze the historical appreciation
          mentation as proof and asking strategically         The ‘Gross Debt Service Ratio’ is used as         rates in the area, review the economic
          placed, targeted questions are essential steps      a preliminary assessment tool regarding           development plans for the municipality
          in attaining reliable, verifiable information.      whether a potential borrower can service          and speak with an experienced local
                                                              the costs associated with home owner-             Realtor who is knowledgeable about the
          Income Verification                                 ship. Generally speaking, the total monthly       target market and who can help fine-tune
          Verifying combined sources of current               costs including mortgage payments, property       any assumptions regarding property
          guaranteed income for applicant(s) including        taxes, 50% of condo fees and heating costs        appreciation.
          employment income, spousal support, child           should not equal more than 32% of the gross
          support, child tax credit, rental income (from      monthly income.
          municipally compliant ‘second’ suites) and                                                                                         Dalia Barsoum
                                                                                                                                             , MBA , FICB and
          any other legitimate and verifiable sources.        Total Debt Coverage Ratios                                                     Enza Venuto, AMP,
          Have the mortgage professional request an           The ‘Total Debt Service’ (TDS) ratio                                           CMP are lending
          employment letter, pay stubs, the two most re-      measures a person’s total debt obligations                                     advisers with
          cent Notice of Assessments, copy of separation      (including housing costs, loans, car payments                                  CENTUM Streetwise
          agreement if applicable, cheque stubs and at        and credit card bills). Generally speaking, the                                Mortgages #11789
                                                                                                                                             and real estate
          least three months' bank statements from the        TDS ratio should not be more than 40% of             investors with over 48 years of combined
          applicant in order to verify their information.     the gross monthly income.                            lending , financial and investment experience.
          Find out how long they have been employed                                                                The team provides advisory services and
          in their current job, and if less than two years,   Property Cost                                        lending solutions tailored to real estate
          where were they were previously employed.           By using industry ratios in combination with         investors and different investment strategies
                                                                                                                   (www.streetwisemortgages.com)
                                                              advice from your mortgage adviser per-
          Deposit                                             taining to the applicant’s monthly debt obli-
          The applicant would typically have saved at         gations and income, you can then determine                                    Jillian Bret
          least 5% of the current purchase price of the       how much rent your applicant can afford                                       is president of
          property that they will provide to the investor     to pay, which will, in turn, determine what                                   SOLUTIONS
                                                                                                                                            PROPERTY
          as an Option Consideration. This money is           property value they can afford to buy.
                                                                                                                                            NETWORK INC.
          then credited back to the tenant at the time                                                                                      a real estate
          they exercise their option to purchase the          References                                                                    investment company
          property. In the meantime it can be applied         Request employment references as well                specializing in rent-to-own opportunities in
          by the investor to closing costs and out-of-        as references from other sources such as             Ontario (www.solutionsproperty.ca)
          pocket expenses associated with purchasing          previous landlords.

                                                                                                  September 2011     canadianrealestatemagazine.ca 77

11017_CRE_Magazine_SEPT'11_layout_FINAL.indd 77                                                                                                             11-07-21 5:18 PM
rent-to-own

                                                                                        RISK 1 The tenant/buyer is
                                                                                        unable or chooses not to buy
                                                                                        the property:
                                                                                        A rent-to-own is set up in a manner that
                                                                                        provides the tenant with an ‘Option to
                                                                                        Purchase’ the property at a future date at a
                                                                                        pre-determined price. The tenant also enters
                                                                                        into a Residential Tenancy Agreement for
                                                                                        a specific number of months, usually the
                                                                                        time it will take them to either repair their
                                                                                        credit or save for the down payment. But
                                                                                        what if they either can’t or choose not to buy
                                                                                        the property when it comes time for them to
                                                                                        exercise their option to purchase?

                                                                                        HOW TO MINIMIZE THE RISK:
                                                                                        1. Qualify tenants carefully. An
                                                                                           investor needs to screen applicants very
                                                                                           carefully and ideally only do business
                                                                                           with tenants/buyers whose circum-
                                                                                           stances have been thoroughly analyzed
                                                                                           and diagnosed by a certified mortgage
                                                                                           professional. This not only protects
                                                                                           the investor, but the tenant too. Ideally
                                                                                           the mortgage professional will have
                                                                                           expertise in credit counselling and can
                                                                                           help to objectively assess the client’s

 Managing
                                                                                           credit situation, thereby determining
                                                                                           a realistic term over which the tenant/
                                                                                           buyer can repair their situation. Ideally
                                                                                           they will also provide the tenant with a
                                                                                           clear action plan so that they can follow
                                                                                           a step-by-step process with benchmarks
                                                                                           for success, including debt repayment,

 the Risks
                                                                                           saving for the down payment and mak-
                                                                                           ing sure they can afford their monthly
                                                                                           financial obligations. Ideally, the tenant
                                                                                           will agree to receive coaching from a
                                                                                           certified financial planner or equivalent
                                                                                           and participate in ongoing financial
                                                                                           coaching during their tenancy in order
                                                                                           to stay on track. This also provides an
     Our lenders look at the top five                                                      opportunity for the investor to be ap-

     risks investors face when adopt-                                                      prised immediately of any setbacks and
                                                                                           be pro-active in addressing challenges.
     ing a rent-to-own strategy and                                                        The arrangement also establishes a
                                                                                           strong commitment to a successful
     show how you can reduce them                                                          outcome for all parties.

                                                                                        2. Use reasonable assumptions.

I
    n our previous articles regarding rent-to-own, we discussed the pros and cons          Nobody has a crystal ball in order to de-
    of this particular investment strategy and suggested ways to set up an equitable       termine future property values in a par-
    transaction. Since a rent-to-own is a bridge strategy for the tenant/buyer and,        ticular market. While historical records
in most cases, there are issues with either their credit bureau or access to adequate      do not strongly predict future values,
funding, it’s important to be aware of how to minimize some of the risks and increase      they are a reasonable reference point for
the likelihood of success for everyone involved.                                           establishing the historical value trends

68   OCTOBER 2011   canadianrealestatemagazine.ca
rent-to-own        

   in that market. Factoring in the town                                                          and a diversified local economy. These
   or city’s economic growth plan for the                                                         influences will not only help to maintain
   period of the investment time horizon
   helps to determine an appreciation rate.
                                                    The investor                                  strong property values and increase the
                                                                                                  likelihood that the tenant will choose to
   Rule-of-thumb appreciation rates can be
   hit and miss, so it’s important to do the
                                                       must be                                    buy the property; they will also provide
                                                                                                  stronger opportunities for the reengin-
   preliminary research and set reasonable
   rates based on the actual fundamentals            prudent in                                   eering of the investment strategy (such
                                                                                                  as renting or selling the property) if the
   of the region you wish to invest in.                                                           tenant decides not to buy it.
                                                    establishing
3. Consider extending the                                                                      RISK 3 Refinancing:
   option term. Even with the most
   careful planning and coaching, it is pos-
                                                     reasonable                                Since the investor retains ownership of the
                                                                                               property until the tenant/buyer exercises
   sible that the tenant will not be approved
   for a mortgage by the “Option” date. If
                                                     borrowing                                 their “Option to Purchase,” the seller could
                                                                                               potentially refinance the property during
   so, the investor could consider ex-
   tending the Option Term and the tenant            limits and                                the rental period in order to acquire a lower
                                                                                               mortgage rate, lower their mortgage payments
   might want to agree to a rent increase,                                                     or pull out equity for other investments.
   an increase to the Option Consideration         agreeing not to
   amount, and/or an adjustment to the                                                         HOW TO MINIMIZE THE RISK:
   purchase price in return for the exten-
   sion. Extensions might make sense if
                                                    over-leverage                              The investor must be prudent in
                                                                                               establishing reasonable borrowing limits
   the underlying reason why the tenant
   can’t buy the house as scheduled is
                                                    the property                               and agreeing not to over-leverage the
                                                                                               property, which could make it difficult if not
   driven by factors outside of their control                                                  impossible for the tenant to buy the property
   and not because they didn’t commit                                                          at the end of the term. A clause could be
   fully to their action plan.                  2. Lend the funds. By the end of the           written into the Option Agreement that
                                                   rental term you will be familiar with       limits the maximum loan-to-value agreeable
RISK 2 Decrease in                                 the tenant’s payment history and have       to the respective parties.
property values:                                   a good idea of their reliability. If they
Even if every reasonable effort has been           are good candidates, you could consider
made to predict the property’s future value        lending them some or all of the funds
                                                                                                                            DALIA
and the tenant has diligently followed             required to purchase the property
                                                                                                                            BARSOUM,
their financial action plan, the real estate       by providing either a first mortgage,                                    MBA , FICB
market might dip, resulting in a property          second mortgage or a combination of                                      and Enza
valuation that is less than the option price.      both. Your mortgage broker could as-                                     Venuto,
If there is a big spread between the current       sist with the arrangement of a private                                   AMP, CMP
                                                                                                                            are lending
market value and the established option            first or second mortgage and would be
                                                                                                                            advisers with
price, the tenant might choose not to buy          able to determine the tenant/buyer’s           CENTUM Streetwise Mortgages #11789
the property or they might have difficulty         suitability to service the loan.               and real estate investors with over 48
being approved for a mortgage, since                                                              years of combined lending , financial
lenders typically loan against the appraised    3. Extend the Option Term. A new                  and investment experience.The team
                                                                                                  provides advisory services and lending
property value.                                    Option Agreement could be entered
                                                                                                  solutions tailored to real estate investors
                                                   into, establishing a purchase date far         and different investment strategies
HOW TO MINIMIZE THE RISK:                          enough into the future to allow market         (www.streetwisemortgages.com)
1. Share the cost. You could consider              property values to adjust accordingly.
   adjusting the option price if you don’t         This strategy should be applied with                                   JILLIAN
                                                                                                                          BRET is
   want the tenant to walk away from the           caution however, since market prices
                                                                                                                          president of
   transaction. This would depend upon             may adjust up or down and both the                                     SOLUTIONS
   whether the cost of liquidating the             investor and the tenant will be taking a                               PROPERTY
   property would exceed that of a price           risk based on unpredictable trends.                                    NETWORK
   adjustment, and how close the tenant/                                                                                  INC. a real
                                                                                                                          estate
   buyer is to attaining mortgage finan-        4. Be selective. It’s imperative to invest
                                                                                                  investment company specializing in
   cing. A careful analysis of the options         in cities with strong economic fundamen-       rent-to-own opportunities in Ontario
   and implications will help to identify          tals such as job growth, immigration,          (www.solutionsproperty.ca)
   the best plan.                                  income growth, infrastructure expansion

                                                                                   OCTOBER 2011     canadianrealestatemagazine.ca 69
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