Dallas Texas Option to Purchase Package

State:
Texas
County:
Dallas
Control #:
TX-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 For the Sale and Purchase of Real Estate - Residential Lot or Land

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

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

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

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

  6. 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

What is an option money? The distinct consideration in case of an option contract. It does not form part of the purchase price hence, it cannot be recovered if the buyer did not continue with the sale.

An option fee is an additional payment made by a buyer to a seller in a real estate sale. In return for the payment, the buyer gains the right to pull out of the deal during a certain period, even after formally agreeing to the sale.

Typically, the seller grants the buyer an option to purchase the property based on the terms and conditions in the Option to Purchase, in return of a sum of money from the buyer called the Option Fee. The Option Fee is typically 1% of the sale price of the property, but is negotiable between parties.

Option fees are paid directly to the seller and are only refundable at closing, while earnest money in Texas is typically paid to and held in escrow by title insurance companies for the seller; earnest money is either paid to the seller or refunded to a potential buyer, depending on a number of factors.

The Option Fee is between $1 and $1,000, to be mutually agreed between you and the buyers. Once you have granted the OTP to the buyers, you are not allowed to grant another OTP to other buyers until it expires.

Will It Be Refunded? Since the buyer pays the option fee over the table, sellers immediately deposit it. It's rarely refunded at closing, but if your buyer would like to make an exception to that rule, it should be stated in the transfer contract before the option fee is paid.

TREC recently adopted changes to their residential contract forms with respect to the delivery of option fees. Under the revised forms, which become mandatory April 1, 2021, a buyer is required to deliver the option fee to the title company, not to the seller.

In a real estate context, an option fee is money paid by a Buyer to a Seller for the option to terminate a real estate contract. Option fee funds should not be confused with earnest money. The use of option fees is most common in the residential resale market in Texas.

An option fee is a small percentage of the total cost of a home, rarely exceeding $500. In fact, some modestly priced homes only include option fees of $100. The purpose of an option fee is to give a prospective buyer the time to arrange safety and code inspections of the property he or she intends to buy.

With an option fee, the money goes directly to the seller, generally after he or she accepts an offer on a home. Since the money goes directly into a seller's personal account, it can be difficult to get back. An earnest money payment, on the other hand, goes into an escrow account.

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Dallas Texas Option to Purchase Package