Legal Question in Real Estate Law in Texas

Renting a house to Sell?

Hi. My house was on the market for almost a year with no takers. It's been months since my listing expired (about three). Over the past three months I have made lots of repairs getting it ready as a rental. I have had tons of interest in just the three days it's been in the paper. I have been approached by a person who would like to actually buy it but rent it first for six months, then if it's really what she wants, buy it and apply the six months rent as if it were the down payment. I have no problem with this and I'd like to sell the house but what happens if she doesn't decide to buy it and then tries to say the rent she has paid over the six months was for the down payment and since she's not going to buy it wants the money back. I've never been a landlord before and don't know much and want to protect my asset.


Asked on 8/31/06, 10:33 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Renting a house to Sell?

All of those questions you ask are issues that are negotiable under your Lease-Purchase Contract. Another thing for you to do is to read the listing agreement that expired. You may be obligated to pay a commission if she buys the house - such an obligation may extend well beyond the expiration date of the listing. Read the fine print. I would recommend that you contact a real estate attorney to draft a contract that would protect your interests.

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Answered on 9/01/06, 9:04 am


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