Kentucky Provision Setting Out a Purchase Option

State:
Multi-State
Control #:
US-OL2404
Format:
Word; 
PDF
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Description

This office lease provision states that at the end of the fifth (5th) year of the lease, the tenant shall have an option to purchase the building in which the premises is located at fair market value.

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FAQ

Both prohibit the landlord from selling the property to anyone else during the lease term and give the tenant the option to purchase at the end. However, that's where the similarities end. The difference between a lease option and a lease purchase agreement is that the lease option only obligates the seller to sell.

In the residential context, an option to purchase is usually a part of a rent-to-own agreement, also called a lease-option. This involves a tenant entering into a standard lease or rental agreement, in addition to acquiring the option to purchase the rental property in the future.

In some transactions, you will sign a sales agreement after exercising the OTP. This contract, too, is binding on both parties and there is usually no way to back out of it. If the seller backs out of the OTP or sales agreement, any option fee or deposit paid by you must be refunded.

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.

When a contract is made, it becomes binding ? the seller must sell and the buyer must buy ing to the agreed-upon terms and price. One a contract for an option to buy has been created, the property cannot be sold to anyone else. When creating a contract, the buyer will often pay a fee to have this option.

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.

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.

Option to Purchase. This provision grants the holder the right to purchase an indicated property during the term of the option without respect to the owner's desire to sell.

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Kentucky Provision Setting Out a Purchase Option