Understanding “Rent-to-Own” Agreements: Rent To Own Homes By Owner Near Me No Credit Check
Rent-to-own agreements, also known as lease-purchase agreements, offer a unique pathway to homeownership, particularly appealing to individuals who may not qualify for a traditional mortgage. In these arrangements, a homeowner directly leases their property to a prospective buyer with an option to purchase at a predetermined price within a specified timeframe. Understanding the intricacies of these agreements is crucial for both the homeowner and the prospective buyer.
Rent-to-own agreements differ significantly from traditional home buying processes. While a traditional purchase involves a single transaction – securing a mortgage and immediately transferring ownership – rent-to-own involves a phased approach. The initial phase is a lease agreement, with the option to purchase embedded within it. This option is typically exercised at the end of the lease term or at a specified point within it.
Terms and Conditions of Rent-to-Own Contracts
Rent-to-own contracts typically include several key elements. First, a monthly lease payment is established, often higher than a standard rental rate, to account for the option to purchase. A portion of this payment might be credited toward the eventual purchase price, a process known as “rent credit.” The contract will clearly define the purchase price, which is often agreed upon upfront. Furthermore, the contract will specify a purchase timeframe, typically ranging from one to five years, after which the tenant-buyer has the right, but not the obligation, to buy the property. Finally, the contract will Artikel any conditions precedent to the purchase, such as satisfactory credit checks or property maintenance requirements. Failure to meet these conditions could result in the loss of the rent credits. Legal counsel is highly recommended before signing such an agreement.
Rent-to-Own vs. Traditional Home Buying: A Comparative Analysis
The most significant difference lies in the immediate financial commitment. Traditional home buying requires a substantial down payment and securing a mortgage. Rent-to-own, conversely, typically involves smaller upfront costs, focusing on monthly payments instead. However, the overall cost of acquiring the property through rent-to-own might exceed the cost of a traditional mortgage due to higher monthly payments and potentially less favorable purchase price. For example, if a house is listed at $200,000 and a rent-to-own agreement involves higher monthly payments over several years with only a partial rent credit applied to the purchase price, the final cost could significantly exceed the $200,000 market value.
Financial Implications: Rent-to-Own vs. Mortgage
A traditional mortgage typically involves lower monthly payments initially, but includes closing costs and a large down payment. Rent-to-own, while potentially requiring a smaller upfront investment, may have higher monthly payments that do not entirely go towards the principal. This means that the buyer might end up paying more overall than if they had obtained a mortgage. Furthermore, interest rates and loan terms for mortgages are typically more transparent and regulated, unlike the often less regulated terms in rent-to-own agreements. It’s crucial to carefully analyze the total cost of ownership across both options before making a decision. Consider consulting with a financial advisor to compare the total cost, including interest, over the life of each option, using realistic estimates for interest rates and loan terms for a traditional mortgage and the rent-to-own agreement’s specifics.
Locating “Rent-to-Own” Homes by Owner
Finding a rent-to-own home directly from the owner can offer significant advantages, but it requires a proactive and strategic approach. This section will explore effective methods for locating these properties, comparing the benefits and drawbacks of working with owners versus real estate agents in this specific context.
Locating rent-to-own homes directly from owners requires a multi-pronged strategy combining online searches with leveraging local networks. While less common than traditional sales, these opportunities exist and can be found with persistence.
Strategies for Finding Rent-to-Own Homes by Owner
Finding rent-to-own properties directly from owners necessitates a blend of online and offline strategies. Online platforms offer broad reach, while local networks provide access to less publicized opportunities. Effective search terms and filters are crucial for maximizing results on online platforms. Building relationships within your community can uncover hidden gems not advertised widely.
Advantages and Disadvantages of Buying from an Owner Versus a Real Estate Agent
Directly purchasing a rent-to-own property from the owner can eliminate real estate agent commissions, potentially saving thousands of dollars. Furthermore, negotiating directly can lead to more flexible terms and a more personalized approach. However, navigating legal complexities and property assessments might be more challenging without professional assistance. Real estate agents, while charging commissions, bring expertise in contract negotiation, property valuation, and market knowledge. They can also streamline the process and mitigate potential risks associated with private transactions. The choice depends on individual comfort levels, financial resources, and the complexity of the deal.
Sample Search Strategy for Online Property Listings
A successful online search requires utilizing specific s and filters. Begin by searching on popular real estate websites, such as Zillow, Trulia, and Realtor.com. However, it’s important to note that these sites primarily focus on traditional sales. To improve your chances of finding rent-to-own listings, incorporate specific s like “rent to own,” “owner financing,” “lease option,” and “land contract” into your searches. Further refine your search by using location filters, price range filters, and property type filters. For example, a search string might look like this: “rent to own house near [your city/zip code] under $200,000.” Regularly checking these sites and utilizing advanced search options significantly increases the probability of uncovering suitable rent-to-own properties listed directly by owners. Consider also searching Craigslist and Facebook Marketplace, though these platforms require extra caution and due diligence.
Credit Checks and Rent-to-Own
Rent-to-own agreements offer a unique pathway to homeownership, particularly for individuals who may not meet traditional lending criteria. A key differentiator is often the absence of a formal credit check, leading to a process that differs significantly from conventional home buying. This section will explore the implications of foregoing credit checks in rent-to-own transactions, examining both the advantages and disadvantages for both buyers and sellers.
The absence of a credit check significantly alters the rent-to-own process, primarily by shifting the emphasis from creditworthiness to other indicators of financial stability. While a credit score provides a quantifiable measure of risk, its omission necessitates alternative assessment methods. This often involves a more in-depth evaluation of the potential buyer’s financial situation, requiring sellers to dedicate more time and resources to the vetting process.
Alternative Assessment Methods for Financial Stability
Landlords opting for rent-to-own arrangements without credit checks often employ a range of alternative methods to gauge a potential buyer’s financial stability. These methods can include verifying income through pay stubs or tax returns, reviewing bank statements to assess savings and consistent cash flow, and conducting thorough background checks to ensure the prospective buyer is responsible and reliable. Some landlords may also request letters of recommendation from previous landlords or employers. The goal is to create a comprehensive picture of the applicant’s financial health and their ability to consistently meet their financial obligations. The depth and intensity of this evaluation will vary depending on the individual seller and the specifics of the property.
Risks and Benefits for Buyers When Credit Checks are Waived
For buyers, the waiver of a credit check presents both opportunities and challenges. A significant benefit is the increased accessibility to homeownership, particularly for those with poor credit histories or limited credit experience. This can be a lifeline for individuals who might otherwise be excluded from the traditional housing market. However, the lack of a credit check also increases the buyer’s responsibility to demonstrate their financial stability through alternative means. Failure to meet their financial obligations under the rent-to-own agreement could result in the loss of significant funds already invested in the property.
Risks and Benefits for Sellers When Credit Checks are Waived
Sellers also face a trade-off when waiving credit checks. The primary risk is the increased potential for default. Without a credit score to guide their assessment, sellers must rely on alternative methods, which may not be as comprehensive or reliable as a formal credit check. This heightened risk necessitates a more thorough vetting process, consuming additional time and resources. However, the benefit lies in potentially accessing a broader pool of potential buyers, potentially leading to a quicker sale and increased profit if the buyer successfully completes the agreement. Furthermore, the seller may find a more motivated buyer who is willing to invest time and effort into improving the property, increasing its value over the duration of the rent-to-own agreement.
Negotiating a Rent-to-Own Agreement
Negotiating a rent-to-own agreement requires careful planning and a strategic approach. Both the buyer and the seller have distinct goals, and a successful negotiation balances these interests to create a mutually beneficial contract. Understanding your leverage and knowing your limits are crucial for achieving a favorable outcome.
Effective negotiation hinges on thorough preparation and clear communication. By understanding the market value of the property, your financial capabilities, and the seller’s motivations, you can approach the negotiation with confidence and a well-defined strategy. This includes having a realistic understanding of your own needs and being prepared to compromise where necessary.
Effective Negotiation Strategies
Effective negotiation involves a balance of assertiveness and collaboration. Buyers should aim to secure a purchase price that reflects the current market value, a reasonable rent amount that accounts for market rates and property maintenance, and a purchase option that offers flexibility and protects their investment. Researching comparable properties and presenting a well-reasoned offer strengthens your negotiating position. Furthermore, demonstrating a commitment to maintaining the property and making timely payments can significantly influence the seller’s willingness to negotiate favorable terms. A well-prepared offer, backed by evidence and a clear understanding of the market, will likely yield better results than a lowball offer or a haphazard approach.
Common Points of Contention and Resolution, Rent to own homes by owner near me no credit check
Several points frequently cause disagreements during rent-to-own negotiations. One common point of contention is the purchase price. Disputes often arise when the buyer and seller disagree on the fair market value of the property. To resolve this, both parties should conduct thorough research and potentially involve a qualified real estate appraiser to determine a mutually acceptable price. Another area of frequent disagreement involves the rent amount. The rent should reflect the market rate for comparable properties while considering any necessary repairs or maintenance. Open communication and a willingness to compromise are essential to reaching an agreement. Finally, the length of the rent-to-own period and the terms of the option to purchase are also common points of contention. Buyers should strive for a reasonable timeframe that aligns with their financial goals, and the option to purchase should clearly define the terms of the final sale, including contingencies and closing costs. To reach a resolution, both parties should carefully consider each other’s perspectives and be willing to negotiate in good faith.
Essential Items for a Rent-to-Own Contract
A comprehensive rent-to-own contract protects both the buyer and the seller. It’s crucial to include a detailed description of the property, including its address, legal description, and any included fixtures or appliances. The contract should specify the purchase price, the monthly rent amount, the length of the rent-to-own period, and a clear Artikel of the option to purchase, including any conditions or contingencies. Furthermore, the contract should address responsibilities for property maintenance and repairs, outlining who is responsible for what. It should also specify how the buyer’s rent payments will be applied towards the purchase price, including any interest or other charges. Finally, the contract should include a clear dispute resolution mechanism, such as arbitration or mediation, to prevent potential legal conflicts. A well-drafted contract, reviewed by legal counsel if necessary, is essential for mitigating risks and ensuring a smooth transaction.
Risks and Benefits for Buyers
Rent-to-own agreements offer a unique path to homeownership, particularly for individuals who may struggle to qualify for traditional mortgages. However, it’s crucial to carefully weigh the potential advantages against the inherent risks before entering into such an agreement. Understanding both sides of the coin is essential for making an informed decision.
Potential Risks for Rent-to-Own Buyers
Rent-to-own agreements can present significant financial and legal risks if not thoroughly understood and negotiated. These risks can outweigh the benefits if not carefully considered. It’s crucial to approach such agreements with caution and seek professional advice when necessary.
Risks | Examples/Elaboration |
---|---|
High Rent Payments | Rent-to-own agreements often involve higher monthly payments than comparable rentals. A portion of the rent may be applied towards the purchase price, but the overall cost can still exceed a standard rental agreement. For instance, a rent-to-own agreement might require $2000 per month, while a comparable rental might be $1500. |
Loss of Investment | If unforeseen circumstances prevent the buyer from purchasing the home at the end of the lease term, they may lose all or a significant portion of the money paid towards the purchase price. This is especially true if the agreement doesn’t clearly Artikel how much of the rent is credited toward the purchase price. |
Unfavorable Purchase Price | The purchase price stipulated in the agreement may not reflect the fair market value of the property at the end of the lease term. The seller might inflate the price, leaving the buyer with a less advantageous deal than expected. |
Lack of Legal Protection | Rent-to-own agreements can be complex and potentially disadvantageous if not carefully reviewed by legal counsel. Ambiguous clauses or loopholes could leave the buyer vulnerable to unexpected costs or disputes. |
Property Condition Issues | The buyer assumes responsibility for maintaining the property during the lease term, but unexpected repairs or issues can arise, impacting the overall cost of ownership. The condition of the property at the start of the agreement should be carefully documented. |
Potential Benefits for Rent-to-Own Buyers
Despite the risks, rent-to-own arrangements can offer significant benefits, particularly for individuals who may have difficulty securing a traditional mortgage. These benefits can provide a pathway to homeownership that might otherwise be inaccessible.
Benefits | Examples/Elaboration |
---|---|
Improved Credit Score | Consistent on-time rent payments can positively impact the buyer’s credit score, potentially making it easier to secure financing in the future, or to refinance the purchase at the end of the lease term. |
Homeownership Opportunity | Rent-to-own offers a pathway to homeownership for individuals who might not qualify for a traditional mortgage due to credit history or income limitations. It provides a chance to build equity and eventually own a home. |
Predictable Monthly Payments | Unlike the fluctuating costs associated with renting, rent-to-own agreements offer a fixed monthly payment, providing financial stability and predictability. |
Time to Save for Down Payment | The rent-to-own structure can provide buyers with time to save for a down payment and closing costs, making the eventual purchase of the home more feasible. |
Opportunity to Build Equity | A portion of the monthly rent payment goes toward the purchase price, allowing the buyer to gradually build equity in the property. This equity can be leveraged later for refinancing or other financial opportunities. |
Risks and Benefits for Sellers
Entering into a rent-to-own agreement presents a unique set of considerations for sellers, differing significantly from a traditional sale. Understanding both the potential drawbacks and advantages is crucial before committing to this type of arrangement. Careful evaluation of these factors will help sellers make informed decisions that align with their financial goals and risk tolerance.
Potential Risks for Sellers in Rent-to-Own Agreements
Rent-to-own agreements carry inherent risks for sellers, primarily stemming from the possibility of the buyer defaulting on their obligations. These risks can lead to financial losses and extended periods of vacancy for the property. It’s important to thoroughly vet potential buyers and establish a robust agreement to mitigate these risks.
Risks | Examples/Elaboration |
---|---|
Buyer Default | The buyer may fail to make timely rent payments, property maintenance payments, or ultimately fail to purchase the property at the end of the lease period. This can leave the seller with legal fees, lost rental income, and the need to re-list the property. A seller might lose several months’ worth of rental income and incur significant legal costs attempting to reclaim the property. |
Property Damage | The buyer may not adequately maintain the property, leading to costly repairs or reduced property value. Extensive damage might necessitate significant financial outlay for repairs beyond the buyer’s financial responsibility as Artikeld in the agreement. For example, damage caused by negligence could lead to thousands of dollars in repairs. |
Lengthy Legal Processes | Evicting a defaulting buyer can be a time-consuming and expensive process. Legal fees and court costs can quickly escalate, especially if the buyer contests the eviction. This can tie up the seller’s time and resources for extended periods. |
Loss of Potential Market Value Appreciation | While the property is under a rent-to-own agreement, the seller may miss out on potential appreciation in market value during that time. The seller could have potentially sold the property at a higher price if they had opted for a traditional sale. |
Potential Benefits for Sellers in Rent-to-Own Agreements
Despite the inherent risks, rent-to-own arrangements offer several potential benefits for sellers, particularly in challenging market conditions or when dealing with specific buyer profiles. These benefits can outweigh the risks for certain sellers, depending on their circumstances and the terms of the agreement.
Benefits | Examples/Elaboration |
---|---|
Higher Potential Return | Rent-to-own agreements can potentially generate higher overall returns compared to a traditional sale, especially if the purchase price is structured to include a significant profit margin beyond the current market value. A seller might receive a higher purchase price than the current market value, reflecting the added value of financing provided to the buyer. |
Guaranteed Monthly Income | The seller receives a consistent monthly rental income throughout the lease period, mitigating the risk of vacancy associated with traditional sales. This provides a stable cash flow during the term of the agreement. |
Reduced Selling Costs | Sellers can avoid some of the costs associated with a traditional sale, such as real estate agent commissions and marketing expenses. These savings can be significant, potentially increasing the overall profitability of the transaction. A typical 6% real estate commission on a $200,000 sale would be $12,000. |
Targeted Buyer Pool | Rent-to-own arrangements can attract buyers who may not qualify for a traditional mortgage, expanding the potential pool of buyers. This can be particularly advantageous in markets with limited buyer options. |
Finding and Utilizing Local Resources
Navigating the rent-to-own process can be complex, involving legal and financial considerations that often benefit from professional guidance. Leveraging local resources can significantly ease this process, providing valuable support and information to both buyers and sellers. This section explores the types of local assistance available and emphasizes the importance of seeking professional advice before committing to a rent-to-own agreement.
Successfully navigating a rent-to-own transaction often requires a multi-faceted approach, utilizing the expertise of various professionals and community organizations. These resources can help clarify the terms of the agreement, assess its financial implications, and ensure a legally sound transaction for all parties involved. Understanding the available resources and proactively seeking assistance can significantly reduce potential risks and increase the likelihood of a positive outcome.
Local Resources for Rent-to-Own Transactions
Local credit unions often offer financial counseling and may provide alternative financing options that could be beneficial to buyers seeking to improve their creditworthiness in preparation for eventual homeownership. Housing counselors, affiliated with non-profit organizations or government agencies, provide guidance on budgeting, financial planning, and navigating the complexities of homeownership. These counselors can offer valuable insight into the rent-to-own process and help individuals understand their rights and responsibilities. Additionally, some local government agencies offer assistance programs specifically designed to support individuals in achieving homeownership, potentially including rent-to-own options. These programs might provide educational resources, financial assistance, or even connect individuals with suitable properties.
The Importance of Professional Legal and Financial Advice
Before signing any rent-to-own agreement, seeking independent legal and financial advice is crucial. A lawyer can review the contract to ensure it’s fair and protects your interests, clarifying any ambiguous clauses or potentially problematic terms. A financial advisor can help you assess the financial implications of the agreement, including the long-term costs and potential risks. This professional assessment will ensure that you understand the complete financial picture and can make an informed decision aligned with your financial goals and capabilities. Failing to seek professional advice could lead to unforeseen financial burdens or legal complications.
Questions to Ask Potential Sellers Before Signing a Contract
It’s essential to thoroughly investigate the property and the terms of the agreement before committing to a rent-to-own arrangement. Asking specific questions will help you understand the potential risks and benefits and make an informed decision. A clear understanding of the seller’s expectations, the property’s condition, and the terms of the agreement are crucial.
- What is the total purchase price of the home?
- What is the monthly rent amount, and what portion of the rent applies to the purchase price?
- What is the length of the rent-to-own agreement?
- What are the conditions for purchasing the home at the end of the agreement (e.g., credit score requirements, down payment)?
- What are the terms for defaulting on the agreement?
- Is there a pre-purchase inspection clause?
- What are the responsibilities of the buyer regarding property maintenance and repairs?
- What is the process for transferring ownership once the purchase price is met?
- What are the seller’s motivations for using a rent-to-own arrangement?
- Are there any outstanding liens or encumbrances on the property?
Illustrating a Typical Rent-to-Own Contract
Rent-to-own agreements, while offering a unique path to homeownership, require carefully constructed contracts to protect both the buyer and the seller. These contracts detail the terms of the agreement, including rental payments, option fees, purchase price, and timelines. A well-defined contract minimizes potential disputes and ensures a smooth transition to ownership.
A sample rent-to-own contract should include several key clauses. Understanding these clauses is crucial for both parties involved.
Sample Rent-to-Own Contract
This is a sample contract and should be reviewed and adapted by legal professionals to suit individual circumstances. It does not constitute legal advice.
RENT-TO-OWN AGREEMENT
This Rent-to-Own Agreement (the “Agreement”) is made this [Date] between [Seller Name], residing at [Seller Address] (“Seller”), and [Buyer Name], residing at [Buyer Address] (“Buyer”), for the property located at [Property Address] (“Property”).
1. Purchase Price: The total purchase price of the Property is $[Purchase Price].
2. Rent: The Buyer shall pay the Seller monthly rent of $[Monthly Rent], payable on the [Day] of each month, beginning on [Start Date].
3. Option Fee: The Buyer shall pay a non-refundable option fee of $[Option Fee] upon signing this Agreement. This fee is applied towards the purchase price.
4. Purchase Period: The Buyer has the option to purchase the Property within [Number] months (the “Purchase Period”) from the date of this Agreement.
5. Purchase Option: At the end of the Purchase Period, the Buyer shall have the option to purchase the Property for the Purchase Price.
6. Application of Rent: A portion of the monthly rent, $[Amount], will be applied towards the purchase price. The remaining amount is considered rent for the use of the property.
7. Property Maintenance: [Details regarding responsibility for property maintenance and repairs – e.g., Seller responsible for major repairs, Buyer responsible for minor repairs and upkeep.]
8. Default: If the Buyer defaults on any payment or breaches any term of this Agreement, the Seller may terminate this Agreement and retain the option fee and any rent payments already made.
9. Taxes and Insurance: [Specify who is responsible for property taxes and insurance premiums during the rent-to-own period.]
10. Governing Law: This Agreement shall be governed by the laws of [State].
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
_________________________ _________________________
Seller Signature Buyer Signature
_________________________ _________________________
Seller Printed Name Buyer Printed Name
Sample Payment Schedule
The following table illustrates a possible payment schedule. Remember that specific terms will vary depending on the individual agreement.
Month | Monthly Rent | Option Fee (One-Time Payment) | Amount Applied to Purchase Price | Total Payment |
---|---|---|---|---|
1 | $1500 | $5000 | $500 | $7000 |
2 | $1500 | $0 | $500 | $2000 |
3 | $1500 | $0 | $500 | $2000 |
… | … | … | … | … |
12 | $1500 | $0 | $500 | $2000 |
Case Studies of Successful Rent-to-Own Transactions
Rent-to-own agreements, when structured correctly and executed responsibly by both parties, can offer a mutually beneficial path to homeownership. The following case studies illustrate successful transactions, highlighting key elements that contributed to their positive outcomes. These examples are fictionalized but based on common successful scenarios.
Successful Rent-to-Own Transaction: The Young Couple
This case study focuses on Sarah and Mark, a young couple eager to buy their first home but facing challenges with securing a traditional mortgage due to limited credit history. They found a three-bedroom house listed for rent-to-own by its owner, Mr. Johnson, a retiree looking for a secure and stable rental income stream.
- Circumstances: Sarah and Mark had stable jobs but lacked the substantial down payment required for a conventional mortgage. Mr. Johnson was seeking a reliable tenant who would eventually purchase the property.
- Agreement: They agreed on a three-year rent-to-own agreement. Their monthly rent was higher than the market rate, with a portion applied towards the purchase price. A specific purchase price was established, and they made a modest down payment upfront. The contract clearly Artikeld responsibilities for repairs and maintenance.
- Results: Over three years, Sarah and Mark diligently paid their rent and consistently demonstrated responsible homeownership. At the end of the term, they successfully purchased the house at the agreed-upon price, securing a mortgage with improved credit scores due to their consistent rental payments.
Successful Rent-to-Own Transaction: The Investor
This example illustrates a successful rent-to-own transaction involving an investor, Ms. Lee, purchasing a fixer-upper property. She strategically employed a rent-to-own agreement to mitigate risks associated with renovating a property before resale.
- Circumstances: Ms. Lee identified a property needing significant renovations but had limited available capital for upfront investment. The owner, Mr. Davis, was open to a rent-to-own arrangement to secure a reliable income stream while the property was renovated.
- Agreement: The agreement involved a two-year lease with an option to buy. The rent covered the mortgage payments and a portion towards the purchase price. Ms. Lee was responsible for all renovations, with progress tracked and documented. The final purchase price was adjusted based on the improvements made.
- Results: Ms. Lee successfully completed the renovations, adding significant value to the property. At the end of the two years, she purchased the property, significantly increasing her return on investment. The property’s value increased due to the renovations, allowing Ms. Lee to sell for a considerable profit or refinance for more favorable terms.
Key Factors Contributing to Success
Successful rent-to-own transactions hinge on several crucial factors. These include clear and comprehensive contracts, open communication between parties, responsible financial management by the buyer, and a realistic understanding of the agreement’s terms and conditions by both parties. Regular maintenance and timely payments are also crucial for a positive outcome. The establishment of a fair purchase price from the outset prevents future disagreements.
Frequently Asked Questions
Rent to own homes by owner near me no credit check – What is an option fee in a rent-to-own agreement?
An option fee is a non-refundable payment made by the buyer to the seller to secure the right to purchase the property within a specified timeframe. It’s essentially a deposit that demonstrates the buyer’s commitment.
Can I negotiate the terms of a rent-to-own agreement?
Yes, many aspects of a rent-to-own agreement are negotiable, including the purchase price, monthly rent, option fee, and length of the lease-purchase agreement. It’s advisable to approach negotiations with a clear understanding of your financial capabilities and market values.
What happens if the buyer defaults on a rent-to-own agreement?
The consequences of default vary depending on the contract’s terms. Typically, the buyer forfeits the option fee and any rent paid, and the seller retains possession of the property. Specific legal ramifications should be clearly Artikeld in the agreement.
How long does a typical rent-to-own agreement last?
The length of a rent-to-own agreement varies, typically ranging from one to five years. The duration is usually negotiated and depends on factors like the buyer’s financial situation and the seller’s objectives.