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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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OPTION
AGREEMENT FOR PURCHASE OF REAL PROPERTY
THIS OPTION
AGREEMENT ("Agreement") made and entered into this ____ day of
___________,
19____, by and between _______________, whose principal address is
__________________,
hereinafter referred to as "Seller" and _________________, whose
principal
address is _________________, hereinafter referred to as "Purchaser":
W I T N E S S E
T H:
WHEREAS, Seller
is the fee simple owner of certain real property being, lying and situated
in the County of
_________, State of _______________, such real property having the street
address of
__________________________ ("Premises") and such property being more
particularly
described as follows:
(Insert Legal
Description)
and,
WHEREAS,
Purchaser desires to procure an option to purchase the Premises upon the
terms and
provisions as hereinafter set forth;
NOW, THEREFORE,
for good and valuable consideration the receipt and sufficiency of
which is hereby
acknowledged by the parties hereto and for the mutual covenants contained
herein,
Seller and
Purchaser hereby agree as follows:
1. DEFINITIONS.
For the purposes of this Agreement, the following terms shall have the
following
meanings:
(a)
"Execution Date" shall mean the day upon which the last party to this
Agreement shall
duly execute
this Agreement;
(b) "Option
Fee" shall mean the total sum of a down payment of ____ percent (___%) of
the total
purchase price of the Premises plus all closing costs, payable as set forth
below;
(c) "Option
Term" shall mean that period of time commencing on the Execution Date and
ending on or
before ______________, 19____;
(d) "Option
Exercise Date" shall mean that date, within the Option Term, upon which the
Purchaser shall
send its written notice to Seller exercising its Option to Purchase;
(e)
"Closing Date" shall mean the last day of the closing term or such
other date during the
closing term
selected by Purchaser.
2. GRANT OF
OPTION. For and in consideration of the Option Fee payable to Seller as set
forth herein,
Seller does hereby grant to Purchaser the exclusive right and Option
("Option") to
purchase the
premises upon the terms and conditions as set forth herein.
3. PAYMENT OF
OPTION FEE. Purchaser agrees to pay the Seller a down payment of
____ percent
(____%) of the total purchase price of the Premises plus all closing costs upon
the
Execution Date.
4. EXERCISE OF
OPTION. Purchaser may exercise its exclusive right to purchase the
Premises
pursuant to the Option, at any time during the Option Term, by giving written
notice
thereof to
Seller. As provided for above, the date of sending of said notice shall be the
Option
Exercise Date.
In the event the Purchaser does not exercise its exclusive right to purchase the
Premises granted
by the Option during the Option Term, Seller shall be entitled to retain the
Option
Fee, and this
agreement shall become absolutely null and void and neither party hereto shall
have
any other
liability, obligation or duty hereinunder or pursuant to this Agreement.
5. CONTRACT FOR
PURCHASE & SALE OF REAL PROPERTY. In the event that the
Purchaser
exercises its exclusive Option as provided for in the preceding paragraph,
Seller agrees
to sell and
Purchaser agrees to buy the Premises and both parties agree to execute a
contract for
such purchase
and sale of the Premises in accordance with the following terms and conditions:
(a) Purchase
Price. The purchase price for the Premises shall be the sum of
_______________
($__________); however, Purchaser shall receive a credit toward such
purchase price
in the amount of the Option Fee thus, Purchaser shall pay to Seller at closing
the
sum of
______________ ($___________);
(b) Closing
Date. The closing date shall be on _______________, 19____ or at any other
date during the
Option Term as may be selected by Purchaser;
(c) Closing
Costs. Purchaser's and Seller's costs of closing the Contract shall be borne by
Purchase and
shall be prepaid as a portion of the Option Fee;
(d) Default by
Purchaser; Remedies of Seller. In the event Purchaser, after exercise of the
Option, fails to
proceed with the closing of the purchase of the Premises pursuant to the terms
and
provisions as
contained herein and/or under the Contract, Seller shall be entitled to retain
the
Option Fee as
liquidated damages and shall have no further recourse against Purchaser;
(e) Default by
Seller; Remedies of Purchaser. In the event Seller fails to close the sale of
the Premises
pursuant to the terms and provisions of this Agreement and/or under the
Contract,
Purchaser shall
be entitled to either sue for specific performance of the real estate purchase
and
sale contract or
terminate such Contract and sue for money damages.
6.
MISCELLANEOUS.
(a) Execution by
Both Parties. This Agreement shall not become effective and binding until
fully executed
by both Purchaser and Seller.
(b) Notice. All
notices, demands and/or consents provided for in this Agreement shall be in
writing and
shall be delivered to the parties hereto by hand or by United States Mail with
postage
pre-paid. Such
notices shall be deemed to have been served on the date mailed, postage
pre-paid.
All such notices
and communications shall be addressed to the Seller at _____________________
and to Purchaser
at __________________ or at such other address as either may specify to the
other in
writing.
(c) Fee
Governing Law. This Agreement shall be governed by and construed in
accordance with
the laws of the State of _____________.
(d) Successors
and Assigns. This Agreement shall apply to, inure to the benefit of and be
binding upon and
enforceable against the parties hereto and their respective heirs, successors,
and or assigns,
to the extent as if specified at length throughout this Agreement.
(e) Time. Time
is of the essence of this Agreement.
(f) Headings.
The headings inserted at the beginning of each paragraph and/or
subparagraph are
for convenience of reference only and shall not limit or otherwise affect or be
used in the
construction of any terms or provisions hereof.
(g) Cost of this
Agreement. Any cost and/or fees incurred by the Purchaser or Seller in
executing this
Agreement shall be borne by the respective party incurring such cost and/or fee.
(h) Entire
Agreement. This Agreement contains all of the terms, promises, covenants,
conditions and
representations made or entered into by or between Seller and Purchaser and
supersedes all
prior discussions and agreements whether written or oral between Seller and
Purchaser with
respect to the Option and all other matters contained herein and constitutes the
sole
and entire
agreement between Seller and Purchaser with respect thereto. This Agreement may
not
be modified or
amended unless such amendment is set forth in writing and executed by both
Seller
and Purchaser
with the formalities hereof.
IN WITNESS
WHEREOF, the parties hereto have caused this Agreement to be executed
under proper
authority:
As to Purchaser
this ____ day of _____________, 19____.
Witnesses:
"Purchaser"
_____________________________
____________________________
_____________________________
As to Seller
this ____ day of ________________, 19____.
Witnesses:
"Seller"
____________________________
____________________________
____________________________
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