There are many pitfalls that are associated with poorly developed option agreements, and below are just a few of the areas you need to observe. Leave: How can you easily terminate the agreement if the developer doesn`t comply with the terms of the contract? The conditions under which the parties concerned can withdraw from the agreement must be clarified. It was assumed that option contracts could contribute to the construction of open market roads without resorting to an important area, since the road company could enter into option contracts with many landowners and conclude the purchase of parcels including the adjacent route necessary for the construction of the road.  It is important to define from the outset the main conditions of any proposed agreement and a commercial real estate lawyer can contribute to it. Examples of measures to consider are: whether a non-refundable option amount should be paid when the option is granted; Take care of legal costs; How the final purchase price is calculated (z.B. when an owner sells part of his garden to a developer, he or she may limit the work; any increase in payment due to the landowner, based on the number of additional units guaranteed by the planning. The options are extremely versatile instruments. Traders use options to speculate. This is a relatively risky investment practice. If you speculate, buyers and option authors have conflicting views on the performance prospects of an underlying security. Others use options to reduce the risk of holding an asset. An option agreement is an agreement between the landowner and a potential purchaser. This signed document indicates that the potential buyer pays a down payment and receives a certain period of time to be the first buyer to obtain the right to purchase the property at a specified price.
A land has a higher market value after a dwelling house has been built on it. Often, in addition to the option contract, an overspend agreement would be negotiated, so that if the land were to appreciate significantly after the land had evolved, the seller could, once completed, obtain an additional payment calculated on the added value. Under common law, consideration of the option contract is necessary, as it is still a form of contract, cf. Restatement (second) of Treaties 87, paragraph 1.