YES, they are both legal, binding and protected by every State's laws.
In some States, you must use an attorney to prepare the HUD Statements and the Deed of Trust or Warranty Deed. We believe it is wise to have an attorney read the contract, do the property deed search and make sure you have not violated your state's statutes.Use one Attorney and split the costs.
When one of our clients used a Lease with Option Agreement in New Jersey and it matured to the point of home purchase, the sellers and buyers engaged the same attorney. You may ask: Was that wise?
Attorneys practice law and their actions are regulated by their State Bar, the Agency which oversees their practice of law. As long as both parties agree, the Attorney becomes the "facilitator" in the transaction. His or her license to practice in that State prevents any misrepresentation of either party.
By the way, the Attorney's comment in the above transaction was very interesting; he looked over the original agreement and exclaimed, "This contract is simple and straight forward; it will be easy to prepare the HUD Statement and Deed".
The Renters exercised their option to purchase and became property owners and our clients gave them sweat equity credit and held the private mortgage. The buyers, after three years, sold the property several years later and paid the original sellers (Our clients) pocketed over 70% profit.
Real Estate Sweat Equity
You can earn sweat equity if you purchase a property that is in poor
or mediocre condition, and you improve the state of the premises, which
increases its market value. Although the term sweat implies you did the
work yourself, you can also hire contractors to do part or all of the
repairs and improvements. Most commonly, people acquire sweat equity on
their primary residence, but you also can earn sweat equity on a rental
property. Keep records of the money that you spend on supplies and
professional services. You’ll need those figures at tax time.
- See more at: http://wiki.fool.com/Sweat_Equity_%26_Taxes#sthash.Oygtd16e.dpuf
Contact us with additional questions.
Note: Our Consultants will guide and advise clients through the Creative Financing Process. You do the work with our guidance. Our fees are due after the transaction is "closed".