if I send a seller an option to purchase agreement and it does not include the words " buyer has exclusive right to purchase the property" is the contract itself automatically exclusive during our agreed contract length?
also if on a contract I write:
that my deposit amount will be $5,000 but If do not include a date or time by which that deposit must be made, and the buyer signs, can they back out of my contract if they complain and ask for my deposit? can I just say to them at that point: “the deposit will be made sometime or anythime within the agreed contract length?”
Hi,
You have to pay for the option at the time of the agreement or you don't have a legal contract.
You can actually pay as little as $1.00 (One US Dollar) for the option if the seller agrees! You must receive a receipt for payment! The option must spell out the terms and conditions: IE is it a first right of refusal? Is it a straight option for a un named price? Is it an option to trade? Is it an option to purchase for a straight price?
How long is the option for? What are the specific terms and conditions? Who pays the cost of recording? Is a title / escrow company named?
How is the option triggered? Are there negotiated restraints to closing such as allowing the seller time to declare a replacement property for a 1031 exchange?
There has to be payment for the option at the time the option is signed or you don’t have a legal contract.
GR
Re: “You have to pay for the option at the time of the agreement or you don’t have a legal contract.” - would this cover that? “Optionor grants this option for the consideration of $0.00 and / or other valuable consideration”
I read I can do zero deposit, due to their being no law that says a contract must have a deposit in order to be legal. There has been a meeting of the minds. And “and / or valuable consideration” can be used to take the place of a monetary exchange, and the "deposit can be in the form of some other exchange or agreement to be fulfilled whenever or however.
Hi,
At least $1.00 United States Dollar!
GR