Option To Purchase Real Estate Form Template for India

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Key Requirements PROMPT example:

Option To Purchase Real Estate Form

"I need an Option to Purchase Real Estate Form for a commercial property in Mumbai, where my company requires a 6-month option period to conduct environmental assessments and obtain development permits, with the option exercise price set at ₹5 crore and the property intended for retail development."

Document background
The Option To Purchase Real Estate Form is a crucial document in Indian real estate transactions where a potential buyer seeks to secure the right to purchase a property while maintaining flexibility in the final decision. This document is commonly used in situations where buyers need time to arrange financing, conduct due diligence, or await regulatory approvals before committing to the purchase. The agreement, governed by Indian property laws and regulations, provides protection to both parties by clearly defining the terms of the option, including the duration, purchase price, and conditions for exercise. It's particularly valuable in competitive real estate markets where properties may have multiple interested buyers, or in complex transactions where immediate purchase may not be feasible. The document must comply with state-specific stamp duty requirements and registration regulations.
Suggested Sections

1. Parties: Details of the Option Grantor (property owner) and Option Holder (potential purchaser), including full legal names, addresses, and contact information

2. Background: Context of the agreement and brief description of the parties' intention to enter into an option arrangement

3. Definitions: Definitions of key terms used throughout the agreement including 'Option Period', 'Purchase Price', 'Property', etc.

4. Property Description: Detailed legal description of the property subject to the option, including address, boundaries, and registration details

5. Option Grant: Express grant of the option to purchase, including the exclusivity of the option

6. Option Period: Duration of the option, including start date and expiration date

7. Option Price: Amount paid for the option right itself, payment terms, and whether it's applicable towards the purchase price

8. Purchase Price: Agreed purchase price for the property if the option is exercised

9. Exercise of Option: Process and requirements for exercising the option, including notice requirements

10. Payment Terms: Structure of payments, including deposits, installments, and final payment details

11. Title and Documentation: Requirements regarding clear title, necessary documentation, and title investigation rights

12. Representations and Warranties: Standard representations by both parties regarding authority, title, and property condition

13. Default and Termination: Consequences of default and circumstances for termination

14. Governing Law: Specification of Indian law as governing law and jurisdiction details

15. Notices: Process for serving notices under the agreement

Optional Sections

1. Development Permissions: Include when the property requires specific development approvals or permits

2. Tenant Rights: Include when the property has existing tenants and their rights need to be addressed

3. Property Condition: Include detailed conditions when the property requires specific repairs or modifications

4. Environmental Matters: Include when environmental assessments or clearances are required

5. Assignment Rights: Include when either party may need to assign their rights under the option

6. Due Diligence: Include when specific due diligence periods and requirements need to be outlined

7. Broker Provisions: Include when real estate brokers are involved in the transaction

8. Force Majeure: Include when specific events beyond parties' control need to be addressed

Suggested Schedules

1. Schedule A - Property Details: Detailed property description, including land area, built-up area, and boundaries

2. Schedule B - Property Documents: List of title documents, permits, and other relevant property documentation

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms, including option fee, deposit, and purchase price installments

4. Schedule D - Encumbrances: List of existing encumbrances, liens, or mortgages on the property

5. Schedule E - Property Plans: Site plans, building plans, and other relevant property drawings

6. Appendix 1 - Form of Option Exercise Notice: Template notice for exercising the option

7. Appendix 2 - Due Diligence Checklist: List of required documents and investigations for due diligence

8. Appendix 3 - Compliance Certificates: List of required regulatory and municipal compliance certificates

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

Property Development

Commercial Property

Residential Property

Real Estate Investment

Construction

Urban Development

Property Management

Real Estate Finance

Legal Services

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Compliance

Finance

Business Development

Risk Management

Operations

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Real Estate Attorney

Property Acquisition Manager

Investment Manager

Real Estate Broker

Property Valuer

Contract Manager

Business Development Manager

Real Estate Investment Analyst

Compliance Officer

Property Portfolio Manager

Real Estate Finance Manager

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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