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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.
Like any contract that pertains to land, an option agreement must comply with the statute of frauds, and so it must: be in writing, along with any cancellation or change (modification) of the option, and. be signed, at a minimum by the seller, but ideally by both parties.
When the tenant exercises the option, he/she immediately acquires an interest in the property. However, the lease stays in effect until the purchase agreement is signed.
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.
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.
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.
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.
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.
Now, as with any contract, consideration, or an exchange of something of value, is necessary for the contract to be enforceable. This means that the buyer must give the seller a deposit, or a small amount of money, to secure the sale. Sometimes this is called earnest money.