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Option Agreement (Real Estate) for Canada

Option Agreement (Real Estate) Template for Canada

A Real Estate Option Agreement is a legal document used in Canadian jurisdictions that grants a potential purchaser (Option Holder) the exclusive right, but not the obligation, to purchase a specific property from the owner (Option Grantor) within a defined timeframe and under specified conditions. The agreement details the option period, purchase price, exercise mechanisms, and any conditions precedent to exercise. It must comply with Canadian federal and provincial property laws, including requirements for written contracts involving real estate under the Statute of Frauds and provincial real property legislation.

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What is a Option Agreement (Real Estate)?

The Option Agreement (Real Estate) is a strategic legal instrument commonly used in Canadian real estate transactions where immediate purchase is not desired or possible, but parties wish to secure future purchase rights. This document is particularly valuable in development projects, commercial real estate acquisitions, or when buyers need time for due diligence or financing arrangements. The agreement must comply with Canadian federal and provincial regulations governing real estate transactions, including property transfer laws, registration requirements, and contract formation principles. It typically includes detailed terms about the option period, purchase price, exercise mechanics, property access rights during the option period, and any conditions that must be satisfied before the option can be exercised. The document provides security for the potential purchaser while giving the property owner certainty about the terms of any future sale.

What sections should be included in a Option Agreement (Real Estate)?

1. Parties: Identifies and defines the Option Grantor (property owner) and Option Holder (potential purchaser)

2. Background: Sets out the context of the agreement, including brief property description and parties' intention

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Option: Explicitly grants the option and states the consideration paid for it

5. Option Period: Specifies the duration of the option and any extension provisions

6. Purchase Price: States the agreed purchase price for the property if the option is exercised

7. Exercise of Option: Details the process and requirements for exercising the option

8. Completion: Outlines the closing process once the option is exercised

9. Property Access: Establishes rights of the Option Holder to access and inspect the property during the option period

10. Representations and Warranties: Standard representations about property ownership, authority to sell, and property condition

11. Assignment: States whether and how the option rights may be assigned

12. Notices: Specifies how formal communications between parties should be made

13. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Option Agreement (Real Estate)?

1. Due Diligence Conditions: Used when the option holder requires specific due diligence conditions to be met before exercise

2. Development Conditions: Included when the option is contingent on obtaining specific development approvals or permits

3. Environmental Conditions: Required when environmental investigations or remediation may be necessary

4. Financing Conditions: Included when the option exercise is subject to the holder obtaining financing

5. Multiple Properties: Used when the option covers more than one property

6. Option Extension Terms: Included when there are specific provisions for extending the option period

7. First Right of Refusal: Added when the option holder also has first right of refusal if the property is offered to others

8. Tenant Rights: Required when the property has existing tenants with specific rights

What schedules should be included in a Option Agreement (Real Estate)?

1. Property Description: Detailed legal description of the property and any included fixtures or exclusions

2. Option Fee Schedule: Details of option fees, payment schedule, and how fees apply to purchase price

3. Permitted Encumbrances: List of accepted encumbrances that will remain on title

4. Due Diligence Materials: List of documents and materials to be provided for due diligence

5. Form of Exercise Notice: Template notice for exercising the option

6. Purchase Agreement Terms: Key terms to be included in the purchase agreement upon option exercise

7. Property Plans: Site plans, surveys, or other relevant property drawings

8. Environmental Reports: Summary of environmental assessments or reports if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Commercial Property

Residential Property

Property Development

Construction

Legal Services

Investment

Banking and Finance

Urban Planning

Land Development

Relevant Teams

Legal

Real Estate

Property Development

Investment

Corporate Development

Acquisitions

Asset Management

Transaction Management

Contract Administration

Risk Management

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Commercial Property Manager

Investment Manager

Legal Counsel

Property Acquisition Manager

Development Director

Real Estate Investment Analyst

Land Development Manager

Real Estate Portfolio Manager

Contract Administrator

Title Officer

Real Estate Transaction Manager

Industries








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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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