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Option-to-Purchase Agreements

The right — but not the obligation — to buy a property at a set price later.

What is an option-to-purchase agreement?

An option to purchase gives the holder the right — but not the obligation — to buy a specific property at a set price within a set period. The buyer pays for the option itself; if it later decides not to buy, it simply lets the option expire and loses only the option fee.

Why investors and developers use options

Options let a developer or investor lock in a price and tie up a site while it lines up financing, entitlements, or due diligence — without committing to buy before those unknowns are resolved. They are common in development, assemblage, and lease-option deals.

The trap: options are strictly enforced

Courts hold parties to the exact terms of an option, especially the deadline and the method of exercising it. Miss the window or fail to exercise precisely as the agreement requires, and the option — and the money paid for it — can be lost. Precision in drafting and in exercising the option is everything.

How Nochumson P.C. helps

Nochumson P.C. drafts and enforces purchase options for developers and investors so the right is real and exercisable when it counts. Contact us to structure an option.

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