Legal Question in Real Estate Law in Kentucky

lease with option to purchase

Our landlord told us our home was built in the 1940s and was a one owner home that was inheited by the man they purchased it from. We found out that the house was actually built in 1900 and therefore the structure and metal roof and wooden subroof are at least 40 years older than we were told. There are many small issues with the home involving plumbing and the foundation and nasement as well. The roof leaks in a couple of spots and many of the boards under the metal roof are rotten and it can be seen from the attic.

We also found out that there sre several property code violations. One involving the almost gone gravel drive and also the gutters and downspouts. There is a lien on the property because the owner chose to ignore the citations he recieved. We only got action by giving 30 notice if things werent taken care of in 14 days as is ky law. His respeonse was to create a gravel driveway that destroyed the yard and is horrible in itself and painting the gutters and downspouts. So basically bandaid fixes to much bigger problems is the norm.

We want out of this growing nightmare and want to know if we are entitled to have our $2500 lease option fee refunded. Especially since there is a 40 year difference in the actual age?


Asked on 9/08/07, 9:59 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: lease with option to purchase

These types of agreements take so many forms that it is difficult to give a good answer. In many situations, this kind of contract is a disguised "Land Contract" where you "rent" the property until the purchase price is paid. Other agreements and the true one is that you basically rent the property and the rental agreement includes an option to buy that can be exercised. The purchase price would be set out. In a true type of rental agreement with an option to purchase, you just rent the place and if you want to buy it, then you exercise the option for the purchase price set out in the agreement. You have no ownership rights until you do exercise the option. I have not read your agreement and cannot give you any other advise except to tell you that you should contact a local attorney and let him/her read it over to see where you stand. I almost forgot-GET A TITLE EXAMINATION!!!

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Answered on 9/08/07, 7:21 pm


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