Commercial Lease Agreement With Option To Purchase Template for India

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Key Requirements PROMPT example:

Commercial Lease Agreement With Option To Purchase

"I need a Commercial Lease Agreement with Option to Purchase for a retail space in Mumbai, with a 3-year initial lease starting March 2025 and an option to purchase after 18 months at pre-agreed market value plus 5%."

Document background
The Commercial Lease Agreement With Option To Purchase is a sophisticated legal instrument used in the Indian real estate market when a property owner wishes to lease their commercial property while giving the tenant a future right to purchase it. This arrangement is particularly useful for businesses wanting to test a location before committing to a purchase, or for those requiring time to arrange financing. The document must comply with Indian property laws, including the Transfer of Property Act, 1882, state-specific rent control laws, and registration requirements. It typically includes detailed terms about the lease period, rent structure, maintenance obligations, and specific conditions for exercising the purchase option, including price determination mechanisms and timeline constraints. This type of agreement requires careful consideration of both immediate leasing needs and long-term property ownership implications.
Suggested Sections

1. Parties: Identification of lessor and lessee with complete details including registration numbers for companies

2. Background: Context of the agreement, brief property description, and purpose of lease

3. Definitions: Definitions of key terms used throughout the agreement

4. Demised Premises: Detailed description of the leased property and included facilities

5. Lease Term: Duration of lease, commencement date, and renewal provisions

6. Rent and Security Deposit: Rent amount, payment schedule, security deposit details, and escalation terms

7. Utilities and Maintenance: Responsibilities for utilities, maintenance, repairs, and operating expenses

8. Use of Premises: Permitted use of property and restrictions

9. Option to Purchase: Terms and conditions of purchase option, including price mechanism and exercise period

10. Insurance and Indemnity: Insurance requirements and indemnification obligations

11. Default and Remedies: Events of default, cure periods, and available remedies

12. Assignment and Subletting: Conditions for assignment or subletting of the premises

13. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

14. Notices: Method and addresses for serving notices

15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

16. Termination: Grounds and procedure for termination of the agreement

Optional Sections

1. Fit-out Period: Used when tenant requires time for interior work before lease commencement

2. Common Areas: Include when property is part of larger complex with shared facilities

3. Environmental Compliance: Required for properties in industrial zones or with specific environmental concerns

4. Right of First Refusal: Additional right to match any third-party purchase offers

5. Property Management: Include when property has designated management company or specific management requirements

6. Naming Rights: Important for commercial properties where tenant wishes to display business name

7. Parking: Detailed parking rights and restrictions when relevant to the property

8. Operating Hours: Required for properties in commercial complexes with restricted hours

Suggested Schedules

1. Schedule A - Property Description: Detailed property description including boundaries and floor plans

2. Schedule B - Rent Schedule: Detailed breakdown of rent payments and escalations

3. Schedule C - Inventory List: List of fixtures, fittings, and equipment included in lease

4. Schedule D - Purchase Option Terms: Detailed terms of purchase option including valuation mechanism

5. Schedule E - Maintenance Responsibilities: Detailed split of maintenance responsibilities between parties

6. Schedule F - Insurance Requirements: Specific insurance requirements and coverage amounts

7. Schedule G - Handover Condition: Description of condition for property handover at lease end

8. Appendix 1 - Property Documents: Copies of property title, tax receipts, and permissions

9. Appendix 2 - Floor Plans: Detailed architectural plans and measurements

10. Appendix 3 - Due Diligence Reports: Property inspection and verification reports

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Retail

Manufacturing

Information Technology

Healthcare

Hospitality

Banking and Financial Services

Professional Services

Logistics and Warehousing

Education

Entertainment and Media

Relevant Teams

Legal

Real Estate

Finance

Operations

Facilities Management

Risk and Compliance

Corporate Development

Property Management

Business Development

Procurement

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Chief Financial Officer

Facilities Manager

Corporate Real Estate Director

Operations Manager

Chief Executive Officer

Real Estate Development Manager

Procurement Manager

Business Development Manager

Risk Manager

Compliance Officer

Finance Director

Industries
Teams

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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