Michigan Option to Purchase Vacant Real Property

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Description

An option contract is a contract that gives the right to one party to enter into a second contract with the other party at a later date. One of the most common forms of option contracts deals with the sale of real estate. In this type of contract, the p
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  • Preview Option to Purchase Vacant Real Property
  • Preview Option to Purchase Vacant Real Property
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FAQ

The basics: What is an option contract in real estate? In the simplest terms, a real-estate option contract is a uniquely designed agreement that's strictly between the seller and the buyer. In this agreement, a seller offers an option to the buyer to purchase property at a fixed price within a limited time frame.

The option is considered an asset, and any profit or loss resulting from its sale is subject to tax laws. Section 1234(a) of the Internal Revenue Code states that the optionee's gain or loss from selling the option is of the same nature as the gain or loss from the sale of the optioned property.

Disadvantage #1: The title does not automatically pass to the purchaser in a land contract. Disadvantage #2: The seller could be held legally responsible for inspection issues with local or state authorities. Disadvantage #3: Forfeiture of a land contract by the purchaser is a fairly common occurrence.

The parties will also agree on the interest rate. However, in Michigan the interest rate cannot be above 11%. It is possible for the interest rate to change over time, but the average interest rate has to be 11% or less.

According to a 2016 Gallup Poll1, real estate was rated the best long-term investment well ahead of gold, stocks and mutual funds, savings accounts/CDs and bonds. And it's the same in India where the emotional satisfaction of owning your own property is inherently very strong.

With the option-to-purchase route, the buyer pays the seller money for the exclusive right to purchase the property within a specified term (often six months to a year). The buyer and seller might agree to a purchase price at that time, or the buyer can agree to pay market value at the time their option is exercised.

An option to purchase is an agreement that gives a potential buyer (optionee) the right, but not the obligation, to buy property in the future. The optionee must decide by a certain time whether to exercise the option and thereafter by bound under the contract to purchase.

A real estate purchase option is a contract on a specific piece of real estate that allows the buyer the exclusive right to purchase the property. Once a buyer has an option to buy a property, the seller cannot sell the property to anyone else. The buyer pays for the option to make this real estate purchase.

4 Real estate options are commonly used by property developers and investors in commercial or high-end residential property deals. Real estate options provide more flexibility and potentially a greater investment opportunity to buyers, with limited benefits to sellers.

The seller on a land contract can enjoy a regular cash flow without the headaches of managing rental property. The seller may be able to realize a greater overall profit from the sale by earning interest. The seller may charge interest up to 11%.

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Michigan Option to Purchase Vacant Real Property