QUESTION

How do I arrange for sale of property with the ability to live there without using a reverse mortgage? What are the standard approaches?

Asked on Nov 14th, 2012 on Real Estate - Colorado
More details to this question:
10 acre hay farm does not qualify for reverse mortgage due to old house trailer. Has water rights. Aged owner wants to sell, live there and control hay farm, but likely able to stay there couple years due to poor health. Current owner almost out of money. Is this unusual to sell with requirement to rent property back? How is it protected against new buyer default during rental period? Can sale require ability to control the hay farming and water during rental period? Is there an easier way? I'm concerned the current owner may request land use rights then not be able to exercise them due to health or appropriate help. Seems like they should just sell with the requirement to rent some of the buildings while they are able to stay there.
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1 ANSWER

Construction Law Attorney serving Greenwood Village, CO at Cyrus Rajabi, Attorney at Law
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Two potential approaches are: 1.  a sale and leaseback (more common in the commercial realm, for tax reasons, but feasible even outside the commercial context); or  2. sale of the property while reserving a life estate. Life estates are valid in Colorado and, in recent years, have gained a new popularity and acceptance as an estate planning vehicle for the elderly. Life estates may be created by deed or by will, with either a direct grant or devise, or by reservation. Any language that expresses the intent of the grantor/testator will suffice. Please note the price received for the property will more than likely be reduced to reflect that the new owner will not have full rights to the property until the life estate holder passes. With regard to your other question, in terms of protection from default during the rental period (in the event of a sale and leaseback), the best protection is to sufficiently evaluate the credit of the buyer and, if necessary, obtain guarantees or other assurances to reduce the likelihood of default. There are no inherent limitations in terms of shifting control of various aspects relating to the property; however, it's important to include provisions allowing for intervention or termination in the event the relevant matters are not handled as specified. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi    
Answered on Nov 16th, 2012 at 6:14 PM

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