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Six Real Estate Option to Buy Contract and How it Protects You?

Real Estate Agent

An option to buy contract is a contract on a specific piece of real estate that allows the buyer the exclusive right to purchase the property. This is a super tip about protection any new or established Real Estate Sales Businesses / LLCs.

Once a buyer has an option to buy a property, the seller cannot sell the property to anyone else.

The real estate option to purchase agreement does not last forever, but most option contracts are between 30 and 90 days, which means the seller cannot sell the property for that specified time period and the potential buyer/investor has exclusive right to buy or wholesale that piece of real estate for however long that option agreement lasts, usually 30 to 90 days.

In legal language, a real estate option is an agreement that grants the party owning the option, the Optionee (you), the exclusive, unrestricted, and irrevocable right to purchase property from the party selling the option, the Optionor, during the specified period of time that the option is in effect.

Real Estate option to buy contract in all states must have six key elements:

  1.       Optionee: Optionee is the party buying a real estate option.
  2.       Optionor: Optionor is the party selling a real estate option.
  3.       Real estate option: When an optionee buys a real estate option, he or she buys an exclusive, unrestricted, and irrevocable right and option to purchase a property at a fixed purchase price within a specified option period.
  4.       Option consideration: the amount of money paid by an optionee to buy a real estate option from an optionor. Please be aware that money needs to exchange hands in order of the option contract to be legally binding.
  5.       Option period: the specific period of time stated in the real estate option agreement in which the option is in effect.
  6.       Exercise of option: The exercising of a real estate option occurs when the optionee notifies the optionor, in writing, that he or she is going to exercise the real estate option and purchase the property under option

In order for an option agreement to be contractually enforceable, the option to buy contract must be given in exchange for consideration, or money.

The option to buy consideration is like an earnest money deposit, it can be cheap, and it gives you the equitable interest in that house.

That legal equitable interest in the house, gives you the right to market the property without being a licensed real estate agent.

You need the right to market the house or the property. And the way that you have the right to market it is that you gain equitable interest in the house. An option to buy contract is one way that you can gain equitable interest in the house.

So think of option consideration as a small amount of money from you to the seller and will give you a ratified contract.

It’s important to note that there is no special floor or ceiling for this consideration, it’s a matter of negotiation between the seller and buyer.

Depending on factors such as the price and demand of the home, the option fee can range from a few dollars to a few thousand dollars.

Option fees are typically nonrefundable. In other words, if you decide not to exercise your option to purchase the house within the agreed-upon time frame, you forfeit the option money.

An option-to-purchase contract must clearly state the duration of the option period. There is no correct or preferred unit of time and option periods can range from months to years. Typically, however, in the residential context, option periods range from 30 to 90 days.

Depending on the terms of the contract, the buyer may exercise the option to buy the house at any time during the set option period or at a date specified in the option-to-purchase agreement. If the buyer lets the period pass, the option expires and becomes null and void. In that situation, the tenant forfeits the option fee.

If you are a speculative real estate investor then options can be more beneficial than flipping hard real estate. There are many roadblocks and risks associated with flipping properties and while it is true that you can make a lot of money flipping properties, you can also lose a lot of money and lose out on deals because of many issues that can arise such as financing, appraisals and unscrupulous title agents to name a few.

An option to purchase contract takes the risk out of the game and is a great strategy for all investors to consider but especially those beginner investors as it is a low risk, high-profit strategy to buying real estate.

An Option to Purchase contract gives you control of property without ownership. As an investor, you need to always ask yourself what is the problem to be solved for the customer.

The option to purchase contract gives you as the wholesaler/investor the ability to solve the motivated seller’s problem by helping them sell that piece of property that they are yearning to get rid of.

An option gives you the contractual and legal right to buy a house but not the obligation to buy the house. So you will have the right to buy, but you’re legally not obligated to buy unless you exercise your right.

That is the beauty of the Option to purchase contract and the key to wholesaling.