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  • Writer's pictureJUNIPER COOPER

Lease to Own Real Estate Contract or Lease with Option to Purchase Real Estate Contract?

Pickering v. Sanchez

Idaho Supreme Court 2024


Whether your contract is a real estate lease agreement with an option to purchase or a lease-to-own contract, there is a big difference between the two. Recently, the Idaho Supreme Court decided a case on this exact issue. 


In Pickering v Sanchez, the mobile home seller believed they were entering into a lease-to-own contract, while the buyer believed the contract was a lease with the option to purchase. The buyer paid the seller $10,000 as a down payment.  The parties used a form contract and there were several discrepancies including the title of the contract, which read “Idaho Lease to Own Agreement” with the subtitle “Lease Agreement with Purchase Option”. 


Eventually, the relationship between the parties soured. The seller brought an eviction action against the buyer alleging eviction based on “illegal activities”. While still in possession of the mobile home, the buyer caused damage to it. The seller eventually filed a lawsuit claiming treble damages amongst other claims. The buyer counterclaimed unjust enrichment and various other claims. The buyer asserted that the seller was unjustly enriched by the $10,000 down payment. A trial ensued.


At trial both parties presented evidence. The Trial Court evaluated the evidence and weighed the credibility of its witnesses. It concluded that both parties were credible but no contract existed because the parties never had a meeting of the minds when the contract was formed. The Trial Court awarded the seller damages for the property damage caused by the buyer and awarded the buyer $10,000 for her unjust enrichment claim.  


The buyer subsequently appealed the Trial Court's decision. The Idaho Supreme Court upheld the lower court’s decision finding that no contract existed because there was no meeting of the minds.  


Moral of the Story: Have a real estate attorney review your real estate contract. Otherwise, there could be ambiguity, and not in your favor. 


Read the Full Case Opinion Herehttps://isc.idaho.gov/opinions/49801.pdf


Hope you enjoyed this case brief!

 

Warmly,

 

Juniper Cooper-Grivas



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