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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.
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.
An option is a right that the owner of a real property (the optionor) gives to another person (the optionee) to buy certain property at a fixed price for a definitive duration.
An option to purchase real estate gives the holder an equitable interest in the property. Options to purchase real property give the holder equitable interest in the property and the right to essentially force the property owner to sell at any time during the term of the contract.
An option agreement is binding only on the seller - because the option holder may choose not to exercise it. If the holder does not exercise it by the last date for exercise, it lapses and is dead.
Once a buyer has an option to buy a property, the seller cannot sell the property to anyone else. The buyer pays for the option to make this real estate purchase. The option usually includes a predetermined purchase price and is valid for a specified term such as six months to a year.
To exercise an option, you simply advise your broker that you wish to exercise the option in your contract. Your broker will initiate an exercise notice, which informs the seller or writer of the contract that you are exercising the option.
The order to exercise your options depends on the position you have. For example, if you bought to open call options, you would exercise the same call options by contacting your brokerage company and giving your instructions to exercise the call options (to buy the underlying stock at the strike price).
The promisee in an option contract holds the power to purchase the property at will for the specified price during the specified period. But the option contract does not create an interest in land.
4. How Do You Exercise an Option to Purchase? Once a buyer decides that he wishes to purchase the property, the buyer may exercise the Option to Purchase before the Option Period ends, according to the manner set out in the Option to Purchase.