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First Option To Buy Agreement
"I need a First Option to Buy Agreement for a commercial warehouse property in Melbourne, with a 6-month option period starting March 2025, including provisions for environmental due diligence and development approval conditions."
1. Parties: Identifies and defines all parties to the agreement - the Option Grantor (seller) and Option Holder (potential buyer)
2. Background: Provides context for the agreement, including the property details and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Grant of Option: Specifies the exact nature of the option being granted and its exclusivity
5. Option Period: Defines the duration for which the option is valid and any extension provisions
6. Option Fee: States the amount payable for the option and whether it's refundable or applies to the purchase price
7. Exercise of Option: Details the process and requirements for exercising the option
8. Purchase Price: Specifies the agreed purchase price or mechanism for determining it
9. Deposit: Outlines deposit requirements upon exercise of the option
10. Settlement: Details the settlement process and timeframes after option exercise
11. Default and Termination: Specifies consequences of default and termination rights
12. Notices: Describes how formal notices must be given between parties
13. General Provisions: Contains standard boilerplate clauses including governing law, entire agreement, and variation
1. Due Diligence: Included when the option holder requires rights to conduct property investigations during the option period
2. Property Access: Used when the option holder needs specific rights to access the property during the option period
3. Development Conditions: Included when the option is contingent on obtaining development approvals or permits
4. Maintenance Obligations: Required when specific property maintenance standards need to be maintained during the option period
5. Assignment Rights: Included when either party may need to transfer their rights under the agreement
6. Mortgage/Encumbrance Provisions: Used when the property has existing mortgages or encumbrances that need addressing
7. GST Provisions: Required for commercial properties or when GST implications need specific addressing
8. Foreign Investment Provisions: Included when either party is a foreign person or entity requiring FIRB approval
1. Property Description Schedule: Detailed description of the property including title details, boundaries, and inclusions/exclusions
2. Option Exercise Notice: Pro-forma notice for exercising the option
3. Contract of Sale: The form of contract that will apply if the option is exercised
4. Special Conditions: Any special conditions that will apply to the sale if the option is exercised
5. Due Diligence Checklist: List of investigations and searches to be conducted during due diligence (if applicable)
6. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances affecting the property
Authors
Business Day
Completion
Completion Date
Contract for Sale
Deposit
Due Diligence Period
Encumbrances
Exercise Notice
Exercise Period
GST
Improvements
Land
Option
Option Exercise Date
Option Fee
Option Period
Option Grantor
Option Holder
Permitted Encumbrances
Property
Purchase Price
Real Property Description
Related Body Corporate
Settlement
Settlement Date
Title Documents
Transfer Documents
Valuation
Working Days
Option Period
Option Fee
Exercise Rights
Purchase Terms
Property Access
Due Diligence
Representations and Warranties
Default and Termination
Assignment
Confidentiality
Force Majeure
Dispute Resolution
Governing Law
Notices
GST
Property Maintenance
Insurance
Encumbrances
Settlement
Title Transfer
Deposit
Costs and Duties
Foreign Investment
Entire Agreement
Severability
Further Assurance
Time of Essence
Waiver
Variation
Real Estate
Property Development
Commercial Property
Residential Property
Retail
Industrial
Agriculture
Mining
Hospitality
Infrastructure
Legal
Real Estate
Property
Commercial
Acquisitions
Development
Finance
Operations
Investment
Corporate Affairs
Risk Management
Property Lawyer
Real Estate Agent
Property Developer
Commercial Director
Investment Manager
Legal Counsel
Property Manager
Acquisition Manager
Development Manager
Corporate Lawyer
Business Development Manager
Asset Manager
Chief Financial Officer
Operations Director
Real Estate Investment Manager
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