Option To Purchase Form

Option To Purchase Form Template for Canada

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Key Requirements PROMPT example:

"I need an Option to Purchase Form for a commercial property in Ontario, with a 6-month option period starting January 1, 2025, including specific environmental due diligence conditions and the right to assign the option to a related corporation."

Document background

The Option To Purchase Form is a crucial document in Canadian real estate transactions, used when a potential buyer wishes to secure the right to purchase a property without immediate commitment to the purchase. This document is particularly valuable in commercial real estate, development projects, or situations where buyers need time for due diligence, financing arrangements, or strategic planning. The form must comply with both federal and provincial legislation, including the relevant Provincial Real Estate Act and Land Titles Act. It typically includes detailed property descriptions, option terms, purchase price, exercise conditions, and various representations and warranties. The Option To Purchase Form serves as a risk management tool, allowing buyers to secure future purchase rights while protecting sellers through option fees and clear terms.

Suggested Sections

1. Parties: Identifies and provides full legal names and addresses of the Option Grantor (property owner) and Option Holder

2. Background: Establishes the context of the agreement, including property ownership and parties' intention to enter into an option arrangement

3. Definitions: Defines key terms used throughout the agreement including Property, Option Period, Purchase Price, and Exercise Notice

4. Grant of Option: Explicitly states the grant of the option to purchase the property and any conditions attached to the grant

5. Option Period: Specifies the duration of the option, including start and end dates

6. Option Fee: States the amount of consideration paid for the option and whether it's applicable to the purchase price

7. Exercise of Option: Details the process and requirements for exercising the option, including notice requirements

8. Purchase Price: Clearly states the agreed purchase price for the property if the option is exercised

9. Property Description: Provides detailed legal description of the property subject to the option

10. Title Requirements: Specifies the quality of title to be conveyed upon exercise of the option

11. Representations and Warranties: States the promises and guarantees made by each party regarding the property and their authority

12. Default and Remedies: Outlines what constitutes default and the available remedies

13. Notices: Specifies how and where formal notices must be delivered

14. Governing Law: States that the agreement is governed by Canadian law and specifies the applicable province

15. Execution: Signature block with date and witness provisions

Optional Sections

1. Deposit Terms: Used when a deposit is required upon exercise of the option, specifying amount and handling

2. Due Diligence Period: Include when the option holder requires time to investigate the property before exercise

3. Financing Conditions: Used when the option holder's ability to exercise is contingent on obtaining financing

4. Assignment Rights: Include when parties want to specifically address whether the option can be assigned to others

5. Environmental Conditions: Important for commercial properties or when environmental concerns exist

6. Tenant Rights: Include if the property is currently tenanted and addresses their rights

7. Property Maintenance: Used when specific requirements exist for maintaining the property during the option period

8. Right of First Refusal: Include when the option holder has additional rights if the owner receives other offers

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

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and registered plans

2. Schedule B - Option Exercise Form: Template form for properly exercising the option

3. Schedule C - Permitted Encumbrances: List of allowed encumbrances that will remain on title

4. Schedule D - Property Condition Report: Current condition of the property at time of option agreement

5. Schedule E - Purchase Price Calculation: If purchase price includes adjustments or formula-based calculations

6. Appendix 1 - Property Plans: Site plans, surveys, or architectural drawings if relevant

7. Appendix 2 - Environmental Reports: Any existing environmental assessments or reports

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Commercial Property

Residential Property

Land Development

Construction

Agriculture

Retail

Industrial

Mining

Hospitality

Office Space

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Operations

Finance

Acquisitions

Investment

Contract Administration

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Real Estate Broker

Business Development Manager

Property Developer

Investment Manager

Legal Counsel

Acquisition Manager

Commercial Property Manager

Land Development Manager

Real Estate Investment Analyst

Chief Financial Officer

Operations Director

Contract Administrator

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