Minnesota Option Agreement to Purchase Property
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How to fill out Option Agreement To Purchase Property?
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FAQ
In order to cancel it, the parties must either mutually agree in writing, or one of the parties must do a Statutory Cancellation pursuant to MN Statute 559.217, or one of the parties must obtain a court order stating the purchase agreement is canceled.
A real estate purchase option can be great for buyers. For example, if you want to buy a lot of land to build a new home, a purchase option can be used to keep the lot available for a certain amount of time, until you have funding. The landowner cannot sell the plot to anybody else during the term of the option.
However, once both parties have signed a purchase agreement, it is fully, legally binding. If you want to back out of a contract, you might have to pay a penalty, depending on the terms of the contract. A contingency clause can allow you to back out of a contract without paying a penalty to the other party.
Under Minnesota law, pursuant to the Minn. Stat. § 559.217, either the buyer or the seller have the right to initiate a statutory cancelation of a residential purchase agreement if a default occurs or an unfulfilled condition exists after the date specified for fulfillment.
However, Minnesota does have a Three-Day Cooling-Off Law (more formally known as the Home Solicitation Sales Act) for home solicitation sales. The law applies to the rental, lease or sale of goods or services for household or personal use,and also property improvements.
Until the seller gives your all three forms of notice, you have an ongoing right to cancel the contract even if more than three business days have passed. Once the seller provides proper notice, the three business days' right to cancel begins to run. The Three-Day Cooling-Off Law does not apply when you buy a vehicle.
At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer. Disclosures. Contingencies. Signatures.
Any purchase agreement should include at least the following information: The identity of the buyer and seller. A description of the property being purchased. The purchase price. The terms as to how and when payment is to be made. The terms as to how, when, and where the goods will be delivered to the purchaser.