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Sellers agreeing to lease option deals arguably have more to lose than buyers. If house prices rise they're likely to regret agreeing a price at the time the option was taken out. If prices fall there's a risk the buyer or investor will not exercise their option to buy, and they'll still be stuck with the property.
The Ohio Statute of Conveyances requires that all leases of three years or more be signed and notarized. Leases not exceeding three years are exempt from these requirements. In other words, if a lease is for exactly three years or less, it does not have to be notarized.
What is an "option to purchase" agreement? An option to purchase is an agreement that gives a potential buyer (optionee) the right, but not the obligation, to buy property in the future. The optionee must decide by a certain time whether to exercise the option and thereafter by bound under the contract to purchase.
While land installment contracts must strictly follow the Ohio statute for such agreements, courts have been known to hold that a lease with purchase option is really a land installment contract if the facts of the case and intent of the parties warrant that interpretation.
The Ohio Statute of Conveyances requires that all leases of three years or more be signed and notarized. Leases not exceeding three years are exempt from these requirements. In other words, if a lease is for exactly three years or less, it does not have to be notarized.