Option Agreement Form Without Court
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FAQ
In addition, an option contract requires consideration. If an option is not supported by consideration, it is considered an offer and not a contract. Consideration is generally defined as something of value.
Importance of an Option ContractThey should always be in writing because at their most basic form they are the promise of one party to take an agreed upon action in the future, and over time, misunderstandings can arise as the original terms and intent of the agreement.
Like any contract that pertains to land, an option agreement must comply with the statute of frauds, and so it must: be in writing, along with any cancellation or change (modification) of the option, and. be signed, at a minimum by the seller, but ideally by both parties.
Option agreements are unenforceable unless consideration is given for the option. The Supreme Court affirmed that if the purchase agreement is really an option agreement then, like all option agreements, it will not be enforceable unless the optionee gave consideration for the option right.
To assure that the Purchaser will be able to enforce the option if the Purchaser chooses to buy the Property, the Purchaser should pay the seller something at the time the option agreement is made. The payment should be non-refundable, even if the Purchaser decides not to buy the Property.
