Texas Option to Lease

State:
Multi-State
Control #:
US-OG-684
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Optionor grants and assigns the exclusive right and option, but not the obligation, to lease all or a portion of the Option Lands under the identical terms and conditions to purchase an Oil and Gas Lease on Lessor's undivided mineral interest in and under the lands covered in this lease.

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FAQ

The renter has a chance to buy a property in the future at today's prices. If the renter doesn't have the money saved today to buy the home but is worried the home's value will increase in the next few years, the lease option is a good choice.

Make no mistake, one can still do a lease-option in Texas, but many requirements now exist that did not apply before 2005. Property Code Sections 5.069 and 5.070 contain a number of these requirements, which must be met before the executory contract is signed by the purchaser (i.e., before and not at closing):

How do lease options work in Texas? A lease-option agreement is a contract between a landlord and a tenant in which the renter agrees to buy the property at the end of a set period of time. The tenant pays an option fee up front, as well as a monthly amount that goes toward the down payment.

Make no mistake, one can still do a lease-option in Texas, but many requirements now exist that did not apply before 2005. Property Code Sections 5.069 and 5.070 contain a number of these requirements, which must be met before the executory contract is signed by the purchaser (i.e., before and not at closing):

The Option Period in Texas is a specified number of days set forth in a real estate contract which allows the buyer to terminate the contract for any reason.

A lease is essentially a contract between a landlord and a tenant. As with any contract, both parties have the right to negotiate the terms before entering into it. If the lease is in writing, Texas law requires a landlord to provide the tenant with a copy of the lease within 3 business days of signing.

The ?40 or 48 Rule? ? Requires Foreclosure Instead of Eviction. If the buyer has paid 40% or more of the purchase price, or the equivalent of 48 monthly payments, then the seller must give the buyer a 60-day notice to cure its default instead of the above-mentioned 30 days.

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Texas Option to Lease