If I sign a contract before Jan. 1st, 2006 can I still do a sandwich L/O in Texas using the same laws, contracts and forms as before?
The reason for this post is for someone to explain in plain English what you can or cannot do under the new law (HB1823). I can read the law itself but I am sure I will get lost in the legalese.
I read Steve Tiemann’s post on AIREO.com about the subject but need more specific information.
Before thinking about an exit strategy, I would definately check out the comps first. to see if the buy side works If the appraised value is close to what it’s FMV is you’re already upside-down on this property by $10k. There are much better deals out there.
There is a lot to the new lease option legislation. Far too much to explain in a post on a bulletin board unfortunatley.
To answer your specific question about a sandwich lease option before January 1st…
Everything that I have read indicates that you can do this as long as you find your tenant/buyer before January 1st.
The problem is that if you have to replace that tenant/buyer after that date, then you would have a big problem because you do not hold “fee simple tilte” to the property which is one of the requirements of the new legislation.