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An option-to-purchase agreement: Commits the landowner to offering property to a certain company at a fixed price for a specified time frame. Does not obligate the company to buy the land.
An option- to-purchase agreement is an arrangement in which, for a fee, a tenant or investor acquires the right to purchase real property sometime in the future.
The fundamental difference between an Option and a Right of First Refusal is that an Option to Buy can be exercised at any time during the option period by the buyer. With a Right of First Refusal, the right of the potential buyer to complete the transaction is triggered only if the seller wants to complete a sale.
In an option contract, the seller is the optionor and the buyer is the optionee. It is a unilateral contract in that the seller is obligated to sell, but the buyer has the option to buy. When created, an option contract is a unilateral contract. But when the buyer exercises the option, it becomes a bilateral 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.
Options An option agreement gives the industry partner opportunity to evaluate the technology and its value prior to finalizing the decision to license it and pay the licensing fee. It should be noted that if you sign an option agreement you do not gain the rights to commercialize the technology.
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.
Importance of an Option ContractThey should always be in writing because at their most basic form they are the promise of one party to take an agreed upon action in the future, and over time, misunderstandings can arise as the original terms and intent of the agreement.
Written contractsUnder English law, option to purchase agreements must be in writing in order to be binding, as they are conditional contracts for the sale of land. Pre-emption agreements do not need to be in writing, although it is wise to do so.