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Option To Buy Land Agreement Template for India

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Key Requirements PROMPT example:

Option To Buy Land Agreement

"I need an Option to Buy Land Agreement for a 5-acre commercial plot in Mumbai, with a 6-month option period starting March 1, 2025, and an option fee of 2% of the total purchase price of INR 10 crore, where the option holder plans to develop a retail complex subject to zoning approval."

Document background
The Option To Buy Land Agreement is a strategic legal instrument used in Indian real estate transactions when a potential buyer needs to secure the right to purchase land without immediate commitment to the full purchase. This document is particularly valuable when buyers require time for due diligence, arrangement of finances, or obtaining necessary approvals while ensuring the land cannot be sold to others. Governed by Indian contract and property laws, it must comply with both central and state-specific legal requirements. The agreement typically includes detailed property descriptions, option terms, purchase price, exercise mechanisms, and parties' obligations. It's commonly used in commercial development, industrial projects, and large-scale real estate developments where preliminary investigation and planning are essential before committing to the purchase.
Suggested Sections

1. Parties: Identification and details of the Option Grantor (landowner) and Option Holder, including full names, addresses, and legal capacity

2. Background: Context of the agreement, relationship between parties, and brief description of the property and intention to grant an option

3. Definitions: Definitions of key terms used throughout the agreement including 'Option Period', 'Option Price', 'Purchase Price', 'Property', etc.

4. Grant of Option: Clear statement of the option being granted, exclusivity provisions, and confirmation that the property won't be sold to others during the option period

5. Option Period: Duration of the option, start date, end date, and any conditions for extension

6. Option Price and Payment: Amount payable for the option right, payment terms, whether refundable or non-refundable, and payment method

7. Purchase Price: Agreed purchase price for the property when option is exercised, any applicable adjustments, and payment terms

8. Exercise of Option: Procedure for exercising the option, notice requirements, form of notice, and timeline for completion after exercise

9. Property Details: Detailed description of the property, its current condition, and any encumbrances

10. Representations and Warranties: Statements and guarantees by both parties regarding their capacity, property title, and other relevant matters

11. Covenants: Obligations of parties during the option period, including maintenance of property and restrictions on dealings

12. Termination: Circumstances under which the agreement can be terminated and consequences of termination

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution

14. Notices: Method and addresses for serving notices under the agreement

15. General Provisions: Standard clauses including entire agreement, amendments, severability, and force majeure

Optional Sections

1. Due Diligence: Rights and process for conducting property investigation, used when buyer needs to verify property details or conduct surveys

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

3. Environmental Matters: Used when environmental investigations or warranties are required, particularly for industrial or contaminated land

4. Third Party Rights: Include when there are existing tenants, easements, or other third-party interests to address

5. Assignment: Include when either party may need to transfer their rights under the option

6. Broker/Agent Provisions: Include when real estate agents or brokers are involved in the transaction

7. Mortgage/Financing: Include when the exercise of the option is contingent on obtaining financing

8. Tax Provisions: Detailed tax arrangements, used when specific tax planning is required

Suggested Schedules

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

2. Title Documents: List and copies of relevant title documents and search reports

3. Option Exercise Notice Format: Template notice format for exercising the option

4. Payment Schedule: Detailed breakdown of option price and purchase price payment structure

5. Encumbrances Schedule: List of existing encumbrances, liens, or charges on the property

6. Property Plans: Maps, surveys, and plans of the property

7. Due Diligence Documents: List of documents to be provided for due diligence

8. Existing Leases or Agreements: Details of any existing leases or agreements affecting the property

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

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Relevant Industries

Real Estate

Construction

Infrastructure Development

Agriculture

Industrial Manufacturing

Retail

Hospitality

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Logistics and Warehousing

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Relevant Teams

Legal

Real Estate

Property Development

Finance

Business Development

Project Management

Investment

Facilities Management

Risk and Compliance

Corporate Development

Relevant Roles

Real Estate Director

Property Development Manager

Legal Counsel

Land Acquisition Manager

Business Development Director

Project Manager

Chief Financial Officer

Investment Manager

Facilities Manager

Construction Manager

Corporate Real Estate Manager

Risk Manager

Compliance Officer

Real Estate Investment Analyst

Property Portfolio Manager

Industries








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