Guam Option to Sell Real Property if Option Executed within Certain Period of Time - Continuing Offer

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Multi-State
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US-01041BG
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Description

An option is a contract to purchase the right for a certain time, by election, to purchase property at a stated price. An option may be a right to purchase property or require another to perform upon agreed-upon terms. By purchasing an option, a person is paying for the opportunity to elect or "exercise" the right for the property to be purchased or the performance of the other party to be required. "Exercise" of an option normally requires notice and payment of the contract price. The option will state when it must be exercised, and if not exercised within that time, it expires. If the option is not exercised, the amount paid for the option is not refundable.

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FAQ

An options contract is an agreement between two parties to facilitate a potential transaction involving an asset at a preset price and date. Call options can be purchased as a leveraged bet on the appreciation of an asset, while put options are purchased to profit from price declines.

Now, as with any contract, consideration, or an exchange of something of value, is necessary for the contract to be enforceable. This means that the buyer must give the seller a deposit, or a small amount of money, to secure the sale. Sometimes this is called earnest money.

Definition. An agreement between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

An option agreement does not guarantee a sale. On entering into an option agreement, the landowner often needs to grant a standard security to the developer which means the seller cannot sell the land to a third party for the period of time agreed in the option without restriction.

The purpose of an options contract in real estate is to offer the buyer alternatives. Outcomes may vary according to the type of buyer, including early exercise, option expiration, or second-buyer sales. Real estate professionals use option contracts to provide flexibility on specific types of real estate transactions.

Option agreements are governed by contract law. They are legally enforceable as long as they follow the requirements for a valid contract. Contract laws vary by state and by subject matter of the contract.

An option contract has two elements: 1) the underlying contract which is not binding until accepted; and 2) the agreement to hold open to the optionee the opportunity to accept. In addition, an option contract requires consideration.

In the simplest terms, a real-estate option contract is a uniquely designed agreement that's strictly between the seller and the buyer. In this agreement, a seller offers an option to the buyer to purchase property at a fixed price within a limited time frame.

You can buy or sell to close the position prior to expiration. The options expire out-of-the-money and worthless, so you do nothing. The options expire in-the-money, usually resulting in a trade of the underlying stock if the option is exercised.

If the buyer agrees to the terms within the designated time period, then a binding contract is created for the deal. The option expires at the end of the period stated in the contract, regardless of whether the buyer exercises the option.

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Guam Option to Sell Real Property if Option Executed within Certain Period of Time - Continuing Offer