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Option Agreement (Real Estate) Template for India

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Key Requirements PROMPT example:

Option Agreement (Real Estate)

"I need an Option Agreement (Real Estate) for a commercial property in Mumbai, where my company wants exclusive rights to purchase a 50,000 sq ft office building until March 2025, with monthly property inspections allowed and specific provisions for obtaining regulatory approvals."

Document background
The Option Agreement (Real Estate) is a crucial document in Indian property transactions, particularly useful in complex real estate acquisitions where buyers need time to conduct due diligence or secure financing before committing to a purchase. This agreement, governed by Indian law including the Transfer of Property Act and state-specific regulations, provides the Option Holder with exclusive rights to purchase property while protecting the Option Grantor's interests through structured terms and consideration. It's commonly used in commercial property development, land banking, and strategic property acquisitions where parties need to lock in purchase rights while managing risks and completing preliminary requirements. The agreement typically includes comprehensive details about the property, price mechanisms, timeframes, and conditions for exercise of the option.
Suggested Sections

1. Parties: Identification and details of the Option Grantor (property owner) and Option Holder (potential buyer)

2. Background: Context of the agreement, including property ownership status and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Option: Core terms of the option, including the right to purchase and exclusivity

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

6. Option Fee: Amount, payment terms, and status of the option fee (refundable/non-refundable)

7. Exercise of Option: Process and requirements for exercising the option

8. Purchase Price: Agreed purchase price and payment terms upon exercise of option

9. Property Inspection Rights: Option Holder's rights to inspect the property during the option period

10. Grantor's Covenants: Property owner's obligations during the option period

11. Representations and Warranties: Statements of fact and assurances by both parties

12. Termination: Circumstances and process for terminating the agreement

13. Notices: Process for formal communications between parties

14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

15. General Provisions: Standard boilerplate clauses including entire agreement, amendments, etc.

Optional Sections

1. Due Diligence: Detailed provisions for property investigation process - include when significant due diligence is required

2. Environmental Matters: Special provisions for environmental investigations and liabilities - include for industrial or potentially contaminated properties

3. Development Conditions: Include when option is contingent on obtaining development approvals or permits

4. Multiple Properties: Special provisions for handling multiple properties under one option - include when deal involves multiple properties

5. Assignment Rights: Terms for transferring the option rights - include when assignment might be contemplated

6. RERA Compliance: Specific compliance requirements - include for properties under RERA jurisdiction

7. Financing Conditions: Include when option exercise is subject to obtaining financing

8. Property Management: Include when specific requirements exist for property maintenance during option period

Suggested Schedules

1. Property Description: Detailed legal description of the property, including boundaries and registration details

2. Title Documents: List of title documents and ownership proof

3. Encumbrances: Details of any existing mortgages, liens, or other encumbrances

4. Option Exercise Notice: Template form for exercising the option

5. Due Diligence Documents: List of required documents for due diligence

6. Property Plans: Site plans, building plans, and other relevant drawings

7. Permitted Uses: Details of allowed property uses and restrictions

8. Payment Schedule: Detailed breakdown of payment terms and schedules

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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 Development

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Healthcare

Education

Infrastructure Development

Agriculture (Farmland)

Warehousing and Logistics

Mixed-use Development

Relevant Teams

Legal

Real Estate

Property Development

Investment

Finance

Compliance

Risk Management

Business Development

Asset Management

Operations

Relevant Roles

Real Estate Director

Property Development Manager

Chief Investment Officer

Land Acquisition Manager

Legal Counsel

Property Investment Analyst

Real Estate Portfolio Manager

Business Development Director

Chief Financial Officer

Project Development Manager

Risk Management Officer

Compliance Officer

Asset Manager

Real Estate Transaction 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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