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Option Contract (Real Estate)
"I need a Real Estate Option Contract for a commercial property in Cape Town, giving my development company a 6-month option period starting March 2025, with special conditions for zoning changes and environmental assessments."
1. Parties: Identification and details of the Option Grantor (property owner) and Option Holder, including registration numbers for companies or ID numbers for individuals
2. Background: Context of the agreement, relationship between parties, and general purpose of the option contract
3. Definitions: Definitions of key terms used throughout the agreement, including Property, Option Period, Strike Price, etc.
4. Grant of Option: Clear statement of the option being granted and its nature (call option to purchase)
5. Option Period: Specific duration of the option, including commencement and expiration dates
6. Option Consideration: Amount payable for the option and payment terms
7. Exercise of Option: Process and formalities for exercising the option, including notice requirements
8. Purchase Price: Agreed purchase price for the property if option is exercised, or mechanism for determining it
9. Property Description: Detailed description of the property subject to the option
10. Terms of Sale: Terms that will apply if the option is exercised, including payment terms and transfer conditions
11. Representations and Warranties: Standard warranties regarding property ownership, authority to contract, and property condition
12. Termination: Circumstances under which the option may be terminated
13. General Terms: Standard contractual provisions including notices, governing law, and dispute resolution
1. Due Diligence: Terms allowing the Option Holder to conduct property investigations, used when detailed property assessment is required
2. Development Conditions: Included when the option is contingent on obtaining development approvals or rezoning
3. Environmental Matters: Required for properties with potential environmental concerns or when environmental studies are needed
4. Tenant Rights: Included when the property has existing tenants whose rights need to be addressed
5. Assignment Rights: Terms governing the Option Holder's right to assign the option, included when assignment might be desired
6. Property Maintenance: Obligations regarding property maintenance during the option period, important for longer option terms
7. First Right of Refusal: Additional rights if the option is not exercised, included when negotiated by parties
8. Finance Conditions: Included when the option exercise is subject to obtaining financing
1. Property Description Schedule: Detailed legal description of the property, including diagrams and survey details
2. Option Exercise Notice: Pro forma notice for exercising the option
3. Purchase Agreement: Form of sale agreement to be entered into upon exercise of the option
4. Title Deed Extract: Copy or extract of the current title deed
5. Property Plans: Relevant architectural plans, site plans, or development plans
6. Due Diligence Documents: List of documents to be provided for due diligence
7. Existing Encumbrances: Details of any existing bonds, servitudes, or other encumbrances
Authors
Real Estate
Property Development
Commercial Property
Residential Property
Industrial Property
Retail Property
Agriculture
Mining
Hospitality
Infrastructure Development
Urban Development
Construction
Legal
Real Estate
Property Development
Investment
Commercial
Operations
Finance
Acquisitions
Asset Management
Risk Management
Compliance
Strategy
Real Estate Manager
Property Developer
Legal Counsel
Property Investment Manager
Real Estate Agent
Development Director
Chief Investment Officer
Land Acquisition Manager
Property Portfolio Manager
Commercial Director
Real Estate Attorney
Property Valuer
Development Manager
Investment Analyst
Real Estate Broker
Facilities Manager
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