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Once a real estate option is exercised, the optionee becomes the buyer. The party selling a real estate option. Once a real estate option is exercised, the optioner becomes the seller.
When the tenant exercises the option, he/she immediately acquires an interest in the property. However, the lease stays in effect until the purchase agreement is signed.
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 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.
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.
So long as the buyer had notice of the option at the time of the sale, the optionee can enforce the option against the new buyer. However, if the buyer doesn't have notice of an option at the time of the sale, the optionee's rights are terminated, and the seller is in breach of the option contract.
Option agreements are unenforceable unless consideration is given for the option. The Supreme Court affirmed that if the purchase agreement is really an option agreement then, like all option agreements, it will not be enforceable unless the optionee gave consideration for the option right.
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.
A contract must be signed by both parties involved in the purchase and sale of a property to be legally enforceable. All parties signing must be of legal age and must enter into the contract voluntarily, not by force, to be enforceable.