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An option agreement is binding only on the seller - because the option holder may choose not to exercise it. If the holder does not exercise it by the last date for exercise, it lapses and is dead.
It is non-binding. An option contract is an enforceable contract and is legally binding. In a real estate transaction, an option contract benefits the buyer. The seller is obligated to the contract to sell once the offer to sell is made.
In order to be contractually enforceable, the option to purchase must be given in exchange for consideration, or value. While the value of an option contract cannot be nominal, there is no special floor or ceiling; it's a matter of negotiation between landlord and tenant.
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.
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.
An option contract is a right that the owner of a real property gives to another person to buy a certain property at a fixed price for a definitive duration. While it doesn't obligate the potential buyer to purchase, it does bind the seller to sell to that individual.
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- to-purchase agreement is an arrangement in which, for a fee, a tenant or investor acquires the right to purchase real property sometime in the future.