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An option contract is a promise to keep an offer open for another party to accept within a period of time. With an option contract, the offeror is not permitted to revoke the offer within the stated period of time. Most option contracts require consideration and other contract formalities in order to be enforceable.
Options contracts contain the elements of a typical contract, including: The offer made by a promisor. The acceptance of a promisee. Consideration (this is the exchange of something of value for something else of value) Mutuality of parties. Legal capacity for parties to enter into the contract. Legally acceptable terms.
An option agreement is a contract between the owner of a property and a potential buyer, giving the buyer the right to serve notice upon the seller to sell the property either at an agreed price or at its market value. Often, the purchaser will pay the seller a fee for entering into an option agreement.
These four elements - a contract in writing, the property location, a timeframe, and a final purchase price - are the key elements that make up an option in real estate. Without all four of these elements, a real estate option contract is generally not considered valid.
Importance of an Option Contract They 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.
Your option to buy should: Be made in writing, as a handshake or verbal contract is not considered sufficient. Include the signatures of all parties as well as the date.