Lease-Purchase and Lease-Option Forms

Q: I represent a buyer who would like to enter into a lease-purchase agreement for a house. The buyer and the seller just want to keep it simple, but I can’t find an NCAR  standard form for it. Does NCAR have a standard form for it? If not, can we combine the Offer to Purchase and Contract (Form 2) with the Residential Rental Agreement  (Form 410) to create a lease-purchase agreement?

A: NCAR does not have a standard form lease-purchase agreement, nor does NCAR have a standard form lease-option agreement or installment land contract. In fact, the  Guidelines For Completing the Offer To Purchase and Contract (Form 2-G) specifically state that the Offer to Purchase and Contract is not to be used as a substitute for a  lease-purchase agreement, lease-option agreement or installment land contract. None of NCAR’s standard forms are designed to be simply combined to create any of the  aforementioned agreements, either. Real estate licensees should not attempt to do so, lest they engage in the unauthorized practice of law. Article 13 of the REALTOR®  Code of Ethics requires REALTORS® to recommend that legal counsel be obtained when the interest of any party to the transaction requires it, and this is exactly such a  situation. Refer the buyer to an attorney to draft an appropriate agreement.

© Copyright 2001 - 2024. North Carolina Association of REALTORS®, Inc.

This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.