South Carolina Option to Purchase
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FAQ
With the option to purchase route, the buyer pays the seller money for the exclusive right to purchase the property within a specified term (often six months to a year). The buyer and seller might agree to a purchase price at that time, or the buyer can agree to pay market value at the time their option is exercised.
How long does an option last? An option typically lasts 24 months but the timeframe to exercise is completely negotiable at the agreement stage.
Broadly, a real estate option is a specially designed contract provision between a buyer and a seller. The seller offers the buyer the option to buy a property by a specified period of time at a fixed price. The buyer purchases the option to buy or not buy the property by the end of the holding period.
If the expiration (closing) date is approaching and it's clear the deal isn't going to close on schedule (no bank approval is the most common reason), either party can allow the contract to expire or they can sign an extension.
An option to purchase agreement therefore gives the buyer rights over the land, and will also bind a future owner of the land too.Pre-emption rights in regard to registered land take effect at the time of their creation however, and can therefore be binding on subsequent owners.
Lease-option contracts give you the right to buy the home when the lease expires, while lease-purchase contracts require you to buy it. You pay rent throughout the lease, and in some cases, a percentage of the payment is applied to the purchase price.
If the buyer simply changes their mind during the option period, all they lose is their option fee. If they change their mind later than that, they should lose their earnest money unless they find a valid excuse in the contract for terminating. There is nothing a seller can do keep a buyer from changing their mind.
An Option to Purchase agreement is a legal contract signed between a buyer and a seller of a residential property, and basically gives the buyer the exclusive rights to purchase a property from the seller in the future.
A signed offer to purchase is a legally binding document, and the terms and conditions in it have to be fulfilled. When an offer to purchase is signed for an existing property over the value of R250 000 there is no cooling off period for the purchaser.
