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An option to purchase real estate is a legally-binding contract that allows a prospective buyer to enter into an agreement with a seller, in which the buyer is given the exclusive option to purchase the property for a period of time and for a certain (sometimes variable) price.
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.
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 fundamental difference between an Option and a Right of First Refusal is that an Option to Buy can be exercised at any time during the option period by the buyer. With a Right of First Refusal, the right of the potential buyer to complete the transaction is triggered only if the seller wants to complete a sale.
An option is a device that allows a buyer to buy an "opportunity" to buy the land itself later. A buyer usually seeks to buy an option when he wants to commit the seller to sell, but before some other event.
With option to purchase agreements (also known as a lease option), the buyer is given the right to buy the land for a certain period of time, and it may be subject to certain trigger events. If a specified event occurs, the buyer has an absolute right to purchase the land.
The standard range by which most sellers follow is between one and five years. Buyers have the opportunity to purchase the real estate asset at any point during the option period. However, if the period expires, the agreement terminates, and the buyer loses option fees paid to the seller.
Sometimes referred to as a right of first opportunity or first right to purchase, this provision requires the owner to give the holder the first chance to buy a property after the owner decides to sell. Unlike the option to purchase, the holder cannot force the owner to sell.
What Is An Option To Purchase? An option to purchase agreement gives a home buyer the exclusive right to purchase a property within a specified time period and for a fixed or sometimes variable price. This, in turn, prevents sellers from providing other parties with offers or selling to them within this time period.