What is an Option Clause in a real estate contract?

An Option Clause in a real estate contract is an agreement between the buyer and seller that allows the buyer to purchase the property at a specified price after a certain amount of time. The buyer will pay a fee, known as an option fee or option deposit, in exchange for the right to buy the property. The option fee is usually a percentage of the purchase price and is refundable to the buyer if they decide not to buy the property. The buyer will have a set period of time, often referred to as the option period, to decide whether they want to buy the property or not. Under New York real estate law, an option clause must be included in the purchase and sale agreement for the option to be considered valid. The option clause should include the specific terms of the agreement, such as the purchase price, the option fee, and the duration of the option period. The option clause should also include the duties of both the buyer and seller and the consequences if the buyer fails to purchase the property within the prescribed period. It is important to have the option clause reviewed by an experienced real estate lawyer to make sure it meets the legal requirements in New York.

Related FAQs

What is a deed in lieu of foreclosure?
What is a deed of trust with a power of sale?
What are escrow instructions?
What is an easement?
What is the difference between a lien and a mortgage?
What is the difference between an affidavit of title and a title commitment?
What is a home inspection and why should I get one?
What is a homeowners association?
What is a certificate of title?
What is dual agency in a real estate transaction?

Related Blog Posts

Everything You Need to Know about Hiring a Real Estate Lawyer - July 31, 2023
The Benefits of Working with a Professional Real Estate Lawyer - August 7, 2023
Navigating the Home-Buying Process with Residential Real Estate Law - August 14, 2023
Knowing Your Rights: An Overview of Residential Real Estate Law - August 21, 2023
Real Estate Law: How to Avoid Common Pitfalls - August 28, 2023