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It is not unusual to find option to purchase clauses in commercial leases. These types of clauses provide tenants with the option to purchase the landlord's building after a specified period, for a predetermined and fixed price.
A fixed price purchase option is the right, but not the obligation, to buy a leased item at the end of a lease term at a price determined from the onset of the lease agreement. A fixed price purchase option's purchase price is established when the lease terms are set.
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.
This is a short form of agreement where an owner grants to another party the option to purchase the owner's real property on the terms set out in the agreement.
Let's say a renter is paying $2,000 a month on a $250,000 home, and $400 per month goes toward a down payment. At the end of a 24-month lease, the buyer has the option to use $9,600 as a down payment of 3.8%, just above the minimum for most mortgages.
In fact, an option to purchase constitutes a unilateral promise to contract by which the landlord binds itself to sell its building to the tenant, who is the beneficiary of the promise. If the tenant decides to exercise its option, the parties are then obligated to complete the sale of the building.
In British Columbia, a purchase option is a legal agreement between a buyer and a seller that gives the buyer the right, but not the obligation, to purchase a property at a predetermined price within a specified time frame.
Under ASC 842, leases containing a purchase option are accounted for as finance leases if the lease contains a purchase option the lessee is reasonably certain to exercise. Additionally, a title transfer at the end of a lease, designates the lease as finance.