Wake North Carolina Option to Purchase Package

State:
North Carolina
County:
Wake
Control #:
NC-P069-PKG
Format:
Word; 
Rich Text
Instant download

Description

With this Option to Purchase Package, you will find the forms that are necessary to exercise a right to purchase property or require another to perform upon agreed-upon terms. In an option agreement, a party purchases the right for a certain time, by election, to purchase property at a stated price.


Included in your package are the following forms:


  1. Option to Purchase Addendum to Residential Lease

  2. Residential Lease Agreement

  3. Option For the Sale and Purchase of Real Estate - Residential Lot or Land

  4. Option For the Sale and Purchase of Real Estate - Residential Home

  5. Option For the Sale and Purchase of Real Estate - Commercial Lot or Land

  6. Option For the Sale and Purchase of Real Estate - Commercial Building

  7. Option For the Sale and Purchase of Real Estate - Farm Land

  8. Option For the Sale and Purchase of Real Estate - General Form


Detailed information on forms included:


  1. Option to Purchase Addendum to Residential Lease - This Option to Purchase Addendum to Residential and Lease Agreement is entered into by and between the lessor and the lessee. The lessor agrees not to offer the residence for sale to anyone during the term of the lease, and to give the lessee (tenant) the option to purchase the residence at any time prior to the expiration of the lease, provided the lessee gives notice of intent to purchase in accordance with the provisions of the Addendum. At that point, a separate contract of sale will be executed and the sale will proceed as any sale would.

  2. Residential Lease Agreement and Option to Purchase - This Residential Lease Agreement and Option to Purchase is entered into by and between the lessor and the lessee. This agreement provides that the lessor will rent to the lessee a personal residence located at the address listed in the agreement. The lessee is responsible for paying rent on a monthly basis and the premises must be used as a private dwelling and for no other purpose.

  3. Option For the Sale and Purchase of Real Estate - Residential Lot or Land - This form is for an option to purchase a residential real estate lot or tract of land. It provides for the payment of option money and the procedures for exercise of the option.

  4. Option For the Sale and Purchase of Real Estate - Residential Home - This form is for an option to purchase a residential home. It provides for the payment of option money, sales price, and all terms of the agreement.

  5. Option For the Sale and Purchase of Real Estate - Commercial Lot or Land - This form is for an option to purchase a commercial lot or land. It contains provisions for the payment of option money and other terms of the transaction.

  6. Option For the Sale and Purchase of Real Estate - Commercial Building - This form provides a buyer with an exclusive and irrevocable option to purchase residential real estate, specifically a commercial building.

  7. Option For the Sale and Purchase of Real Estate - Farm Land - This form is for an option to purchase farm land and includes all terms of the transaction.

  8. Option For the Sale and Purchase of Real Estate - General Form - This form is adaptable for general use as an agreement to purchase an option on real estate. Provisions for all relevant details are included to be adapted for use in a particular transaction.

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FAQ

So long as the buyer had notice of the option at the time of the sale, the optionee can enforce the option against the new buyer. However, if the buyer doesn't have notice of an option at the time of the sale, the optionee's rights are terminated, and the seller is in breach of the option contract.

A lease option is a legal agreement that allows a leaseholder to control a property and generate income from it, with the right but not necessarily the obligation, to buy it later.

Recording notice of an option gives constructive notice of the option to lenders and potential Buyers, but will not make an otherwise defective option enforceable. The Buyer also needs to be sure to satisfy the requirements of an enforceable option. An option to purchase is a contract.

Once the call option has been entered into, the buyer acquires an immediate equitable interest in the land, which the buyer must protect by registration of a Class C (iv) land charge, in the case of unregistered land, or by a notice in the case of registered land.

Members should fill out and submit Form 5 (Withdrawing Your Retirement Service Credit and Contributions) to the Retirement Systems Division. After your Form 5 is processed, you will receive a paper check by mail unless you request that your contributions be rolled into another type of eligible retirement account.

As a first concern, all leases should be in writing, even if the law does not require it. North Carolina's Statute of Frauds only requires that leases exceeding three years from the making need be in writing.

Option contracts are among the most distinct strategies. This type of contract exists between a buyer and a seller (typically there's no third-party involved) and requires a buyer to essentially put a piece of property on hold at a set rate until a seller decides if they want it or not.

North Carolina General Statute Chapter 47G governs Option to Purchase Contracts executed with Lease Agreements. The leases that are covered under the statute are residential lease agreements that are combined or executed with an option contract.

No matter the format, an option to purchase must: 1) state the option fee, 2) set the duration of the option period, 3) outline the price for which the tenant will purchase the property in the future, and 4) comply with local and state laws.

Protecting your options Restrictive planning. Where the trigger event is the grant of a satisfactory planning consent, the developer can conclude its plans and due diligence before exercising the option.Purchase price.Serving the notice.Overage.Protecting the option.Stamp duty land tax.Further information.

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Wake North Carolina Option to Purchase Package