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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."
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
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
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
Real Estate
Construction
Infrastructure Development
Agriculture
Industrial Manufacturing
Retail
Hospitality
Renewable Energy
Logistics and Warehousing
Commercial Development
Educational Institutions
Healthcare Facilities
Legal
Real Estate
Property Development
Finance
Business Development
Project Management
Investment
Facilities Management
Risk and Compliance
Corporate Development
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
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