Georgia Option to Purchase Real Property with Election to Renew Option
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FAQ
It is possible, but terminating a Purchase & Sale Agreement (i.e. real estate contract) is different in each state and the rights of of the Seller versus Buyer may vary. We are going to explore the different ways both Buyers and Sellers can get out of your real estate contract in Georgia.
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.
Unless a purchase agreement specifically prohibits it, the assignment of a contract to a new buyer can be executed without a seller's written permission since all contracts are assignable by default. A standardized purchase and sale agreement has been approved by the Georgia Association of Realtors and is widely used.
In fact, all terms and requirements must be in writing in order to be legally binding. Georgia law also requires security deposits to be held in an escrow account, as opposed to being deposited into the landlord's own account.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Georgia must follow specific procedures to end the tenancy.
A Georgia rent-to-own lease agreement is a rental contract that also allows the tenant to purchase the property during its term. The landlord will screen the tenant like a standard lease. If the tenant decides to buy, the lease will convert to a purchase agreement.
What is an "option to purchase" agreement? An option to purchase is an agreement that gives a potential buyer (optionee) the right, but not the obligation, to buy property in the future. The optionee must decide by a certain time whether to exercise the option and thereafter by bound under the contract to purchase.
A lease option allows the landlord to retain the legal title of the lease option property, without the mundane management responsibilities. Lease options are also an ideal way of securing long term tenants. Most lease-options are for an average term of between 7 and 10 years.
The Georgia Lease-Purchase Agreement Act states a lease purchase agreement will not be valid if it is a credit sale as defined by the Truth in Lending Act. The law is a federal act that ensures lenders disclose information in a clear and standardized format.
An option-to-purchase contract must conspicuously state the duration of the option period. There is no correct or preferred unit of time and option periods can range from months to years. Typically, however, in the residential context, option periods range from one-to-five years.