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Option To Purchase Property Agreement
"I need an Option to Purchase Property Agreement for a commercial development site in Auckland, where my company requires 6 months to conduct environmental assessments and obtain council approvals before committing to the purchase, with the option period starting March 1, 2025."
1. Parties: Identification of the Option Grantor (property owner) and Option Holder (potential purchaser)
2. Background: Context of the agreement and property transaction
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Grant of Option: Express grant of the option to purchase and its exclusivity
5. Option Fee: Amount, payment terms, and status of the option fee (refundable/non-refundable)
6. Option Period: Duration of the option and specific start/end dates
7. Exercise of Option: Process and requirements for exercising the option
8. Purchase Price: Agreed purchase price or mechanism for determining it
9. Property Details: Legal description and included fixtures/fittings
10. Terms of Sale: Core terms that will apply if option is exercised
11. Default and Termination: Consequences of breach and termination rights
12. Notices: Process for giving formal notices under the agreement
13. General Provisions: Standard boilerplate clauses including governing law
1. Due Diligence: Terms for conducting property investigations during option period
2. Development Conditions: Include when option is contingent on obtaining development approvals
3. Multiple Option Periods: Terms for extending the option period if agreed
4. GST Provisions: Detailed GST treatment if either party is GST registered
5. Tenant Provisions: Include if property is tenanted during option period
6. Mortgage/Finance Conditions: Include if option exercise is subject to finance
7. Land Covenants: Include if property is subject to specific land covenants
8. Overseas Investment Conditions: Include if purchaser requires OIO approval
1. Schedule 1 - Property Details: Detailed legal description, title references, and property boundaries
2. Schedule 2 - Option Exercise Notice: Prescribed form for exercising the option
3. Schedule 3 - Sale and Purchase Terms: Full terms that will apply if option is exercised
4. Schedule 4 - Chattels List: List of included/excluded chattels and fixtures
5. Appendix A - Title Documents: Copy of certificate of title and relevant instruments
6. Appendix B - Property Plans: Site plans, building plans, or development plans if relevant
7. Appendix C - Due Diligence Information: List of documents provided for due diligence
Authors
Real Estate
Property Development
Commercial Property
Residential Property
Construction
Legal Services
Property Investment
Urban Planning
Property Management
Financial Services
Legal
Real Estate
Property Development
Commercial
Acquisitions
Investment
Business Development
Corporate Affairs
Risk Management
Operations
Property Lawyer
Real Estate Agent
Property Developer
Investment Manager
Legal Counsel
Property Manager
Development Manager
Commercial Director
Acquisitions Manager
Real Estate Broker
Property Investment Advisor
Contract Manager
Real Estate Partnership Manager
Property Portfolio Manager
Business Development Manager
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