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Option Agreement (Real Estate)
"I need a Real Estate Option Agreement for a commercial property in Hong Kong's Central district, with a 6-month option period starting March 1, 2025, and including specific provisions for due diligence and potential lease-back arrangements with existing tenants."
1. Parties: Identification of the Option Grantor (property owner) and Option Holder, including full legal names and addresses
2. Background: Context of the agreement, including brief property description and parties' intention to enter into an option arrangement
3. Definitions: Key terms used throughout the agreement, including Property, Option Period, Option Fee, Purchase Price, and Completion Date
4. Grant of Option: Core provision granting the exclusive option to purchase the property, specifying the option period and exercise conditions
5. Option Fee: Details of the option fee payment, whether refundable, and its treatment upon exercise of the option
6. Exercise of Option: Mechanism and formalities for exercising the option, including notice requirements and timing
7. Purchase Price: Specified purchase price for the property if the option is exercised, including any adjustment mechanisms
8. Completion: Completion requirements, timing, and obligations of both parties upon exercise of the option
9. Property Condition: Warranties regarding the current state of the property and any encumbrances
10. Termination: Circumstances under which the agreement may be terminated and consequences
11. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement
1. Due Diligence: Rights and process for conducting property investigations, used when the option holder requires a due diligence period
2. Deposit Arrangements: Details of any deposit required beyond the option fee, used when additional security is needed
3. Mortgagee Consent: Requirements for obtaining existing mortgagee's consent, included if the property is mortgaged
4. Assignment Rights: Right to assign the option to third parties, included if transferability is contemplated
5. Break Fees: Penalties or fees for early termination, included if specific break costs are to be recoverable
6. Stamp Duty Arrangements: Specific arrangements for stamp duty payment, included for clarity on tax obligations
7. Property Management: Obligations regarding property maintenance during the option period, included for longer option periods
1. Property Details: Detailed property description, including lot number, address, and registered particulars
2. Form of Option Exercise Notice: Prescribed form for valid exercise of the option
3. Existing Tenancies: Details of any existing tenancies affecting the property
4. Title Documents: List of relevant title documents and encumbrances
5. Fixtures and Fittings: Inventory of items included/excluded from the sale
6. Special Conditions: Any special conditions affecting the property or its sale
Authors
Real Estate
Property Development
Commercial Property
Residential Property
Retail
Hospitality
Industrial
Banking and Finance
Investment Management
Construction
Legal
Real Estate
Property Management
Investment
Corporate Development
Acquisitions
Asset Management
Finance
Risk Management
Compliance
Real Estate Lawyer
Property Manager
Real Estate Agent
Investment Manager
Property Developer
Corporate Counsel
Legal Director
Real Estate Investment Director
Asset Manager
Acquisitions Manager
Development Director
Property Investment Analyst
Real Estate Fund Manager
Transaction Manager
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