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An option may also involve the right to purchase property. Option agreements are governed by contract law. They are legally enforceable as long as they follow the requirements for a valid contract. Contract laws vary by state and by subject matter of the contract.
An Option Agreement is registrable by way of notice with the Land Registry, which provides protection to the developer if the landowner sells the land to a third party.
Some states require option contracts to be recorded in the courthouse in the manner of a deed transfer; the rationale behind this is to encumber the property and ensure that the landlord is unable to sell the rental property to a third party.
No matter the format, an option to purchase must: 1) state the option fee, 2) set the duration of the option period, 3) outline the price for which the tenant will purchase the property in the future, and 4) comply with local and state laws.
Now, as with any contract, consideration, or an exchange of something of value, is necessary for the contract to be enforceable. This means that the buyer must give the seller a deposit, or a small amount of money, to secure the sale.
Protecting the option If land is registered, the option should be an agreed or unilateral notice and a restriction entered on the title at the Land Registry.
A land contract lets the seller enjoy a steady cash flow without the hassles of managing it as rental property, and also offers an asset or equity interest in exchange for other property.
An option agreement only becomes legally enforceable once both parties agree and the seller accepts an offer. Once the seller accepts a given amount of money from the buyer, within the designated time of the contract, then the contract becomes legally binding.
Parties who only extend financing for the purchase of real estate under land contracts to be licensed. parties who extend financing for the purchase of real estate to be licensed. What is the most prevailing disadvantage of a land contract to the seller? the loan period.
Option Account Agreement must be received by member firm within 15 calendar days from time the account is approved. No more than 15% or 20% of person's investment assets should be committed.