Yeah, we all know that property prices in Barcelona are crazy. It is impossible to think about purchasing an apartment without a mortgage unless you have a very generous inheritance. There is one way to try to buy an apartment with having kind of “trial period” first. And then you will have a few years to save, earn, whatever you will do to have the full price in case you hate mortgage and don’t want to have debts for 20-30 years to banks. This option is called “alquiler con opción a compra”. Let me explain you the process, pros and cons and how can you agree on it with the property owner so it is a “win-win” situation.
Key Components of a Rent-to-Own Agreement:
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Dual Contract Structure: This agreement encompasses two subcontracts: one detailing the rental terms and another outlining the conditions for the potential purchase. The rental contract adheres to Spain’s Ley de Arrendamientos Urbanos (LAU), while the purchase option is governed by the Código Civil.
Option Fee (Prima): Tenants typically pay an upfront fee, often around 10% of the property’s agreed purchase price, to secure the future purchase option. This amount may be forfeited if the tenant decides not to proceed with the purchase.
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Rental Payments: Monthly rent is paid throughout the lease term. Depending on the agreement, a portion of these payments may be credited toward the property’s purchase price. Commonly, 100% of the rent is deducted during the initial years, with a reduced percentage in subsequent years.
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Purchase Price and Term: The property’s purchase price and the duration within which the tenant can exercise the purchase option are predetermined and specified in the contract. This provides clarity and security for both parties.
Advantages:
For Tenants:
For Property Owners:
Disadvantages for tenants:
Considerations:
In Spain, rent-to-own agreements offer a flexible pathway to homeownership, especially for individuals who may need time to arrange financing or wish to familiarize themselves with a property before making a full commitment. However, it’s essential for both tenants and property owners to seek legal advice to ensure the agreement is structured favorably and complies with all relevant regulations which means you will need money for consultancy before start these processes. Oh well, better pay for the info before rather than lose money without any outcome at the end.
Professional’s opinion:
I asked a Real estate agent if all of this stuff is true and if owners really sell their properties offering the Rent-to-Own Agreement. Ivan Belovolov, an independent real estate agent with a license and moreover, he bought his house through this option. He says “It is a pretty interesting way to purchase a property. But the way how it sounds doesn’t match reality. In order to use it, you have to have some savings, because you should consider that besides an upfront fee (Prima) at the beginning, there will be big payments every year within the contract duration and the final peace of the price that a buyer will need to pay by the end of the contract.
I know it might be difficult to understand without a clear example with real numbers. Let’s take one real example. There is a house that costs 149.500 euro. There is a contract with this type for 5 years and the owner with the buyer are agreed on payments amount per each year. What do we have?
Basically, this option is a good fit for those buyers who know that they want a certain property and plan to take a mortgage in a few years. So in this case they can pay a part of the price and by the end of the “alquiler opción a compra” contract they will get a mortgage, but for a lesser amount rather than it would be for the full price. Let’s say, you have savings, just started working at a new good job and you sign this type of contract. After 3-5 years of paying rent price and yearly big payments, you help yourself to “save” some money for the moment when you take a mortgage at the bank. And once you get a mortgage, you paid for a property and just continue paying to a bank”.
“One of the biggest cons of this contract for property owners thought, is that it’s still a rent contract which means there is a risk of okupas. Even though the potential buyer will sign a contract and will pay a Prima payment, the buyer can just stop paying rent and will become okupas. We know that there is a problem with okupas in Catalunya and it is a very long and painful process to sue and win a lawsuit against okupas. So many owners are just afraid to deal with rent and if they are thinking of selling their property, they just want to sell it as soon as possible without any risk”.
Ivan:¨That’s why it might be difficult to find a really good property in a good area where owners will accept the “alquiler opción a compra”, but still there are. You just need to search for them very well. Some of my colleagues have a few options and offer them to their clients¨