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An option contract has two elements: 1) the underlying contract which is not binding until accepted; and 2) the agreement to hold open to the optionee the opportunity to accept. In addition, an option contract requires consideration.
Since an option is a contract, it is legally enforceable and subject to remedies for breach of contract.
In this case, the seller and the prospective buyer may agree on a certain amount, for example, but the buyer needs to meet with her bank before fully committing. If the buyer agrees to the terms within the designated time period, then a binding contract is created for the deal.
For a contract to be valid and enforceable, something of consideration must exchange between the buyer and seller. The option fee cannot be nominal, but there's no specific guidance on reasonability. It's also worth noting that option fees are non-refundable.
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.
Contracts to buy and sell come in all kinds of arrangements. One of the lesser-known varieties of contracts is known as an "option contract." In a typical option contract, the seller agrees to keep an offer open for a certain amount of time. A potential buyer has to give the seller some payment in exchange.
An option-to-purchase agreement: Commits the landowner to offering property to a certain company at a fixed price for a specified time frame. Does not obligate the company to buy the land.
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.
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.
No matter the format, an option to purchase must: 1) state the option fee, 2) set the duration of the option period, 3) outline the price for which the tenant will purchase the property in the future, and 4) comply with local and state laws.