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Option To Purchase In Lease Agreement

Option To Purchase In Lease Agreement Template for India

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Option To Purchase In Lease Agreement

"I need an Option to Purchase in Lease Agreement for a commercial warehouse in Mumbai, with a 2-year lease term starting March 2025, monthly rent of ₹200,000, and an option to purchase at ₹45,000,000 exercisable after 18 months of the lease term."

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Document background
The Option To Purchase In Lease Agreement is a sophisticated legal instrument used in the Indian real estate market when a potential buyer wishes to lease a property while maintaining the exclusive right to purchase it in the future. This arrangement is particularly valuable in situations where immediate purchase isn't feasible or desired, but the tenant wants to secure future ownership rights. The document must comply with Indian property laws, including the Transfer of Property Act 1882, Indian Contract Act 1872, and relevant state-specific regulations. It typically includes detailed provisions about lease terms, option exercise periods, purchase price determination, property condition requirements, and the specific procedure for converting the lease into a purchase. This type of agreement is commonly used in both commercial and residential contexts, offering flexibility while protecting both parties' interests through clear terms and conditions.
Suggested Sections

1. Parties: Identification and details of the Lessor/Owner and Lessee/Potential Purchaser

2. Background: Context of the agreement, property overview, and parties' intentions regarding lease and purchase option

3. Definitions: Key terms used throughout the agreement including Property, Option Period, Purchase Price, Lease Term

4. Lease Terms: Core lease provisions including duration, rent, maintenance, utilities, and other tenancy obligations

5. Option to Purchase Grant: Explicit grant of the purchase option, including the option period and exercise conditions

6. Option Exercise Procedure: Detailed process for exercising the purchase option, including notice requirements and timelines

7. Purchase Price and Payment Terms: Agreed purchase price, payment structure, and any adjustments or credits from lease payments

8. Property Condition and Inspections: Rights and obligations regarding property inspection and condition assessment before purchase

9. Title and Transfer Process: Requirements and process for clean title transfer upon option exercise

10. Default and Remedies: Consequences of default under either lease or option terms and available remedies

11. Notices: Process and requirements for all formal communications between parties

12. Governing Law and Jurisdiction: Specification of Indian law application and jurisdiction for disputes

Optional Sections

1. Rent Credit Towards Purchase: Include when a portion of rent payments will be credited toward the purchase price

2. Property Improvements: Include when addressing tenant improvements and their impact on purchase price

3. Third-Party Rights: Include when there are existing mortgages, liens, or other encumbrances on the property

4. Assignment and Subletting: Include when transfer of lease or option rights needs to be addressed

5. Property Management: Include for commercial properties requiring specific management arrangements

6. Insurance Requirements: Include when specific insurance coverage is required during the lease/option period

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property, including boundaries and included fixtures

2. Schedule B - Lease Payment Schedule: Detailed breakdown of lease payments, including any escalations

3. Schedule C - Purchase Price Calculation: Formula for final purchase price, including any rent credits or adjustments

4. Schedule D - Property Condition Report: Initial condition assessment and documentation of the property

5. Schedule E - Required Repairs: List of any repairs or improvements required before purchase option exercise

6. Appendix 1 - Property Plans: Floor plans, site maps, and other relevant property drawings

7. Appendix 2 - Title Documents: Copies of relevant title documents and encumbrance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Retail

Industrial

Hospitality

Office Space

Manufacturing

Warehousing

Agricultural Land

Relevant Teams

Legal

Real Estate

Finance

Operations

Compliance

Risk Management

Property Management

Business Development

Facilities Management

Asset Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Contract Manager

Facilities Manager

Chief Financial Officer

Real Estate Investment Manager

Property Portfolio Manager

Asset Manager

Business Development Manager

Operations Director

Risk Manager

Compliance Officer

Real Estate Broker

Property Valuation Specialist

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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