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Option Contract (Real Estate) for India

Option Contract (Real Estate) Template for India

This document is a Real Estate Option Contract governed by Indian law, providing the option holder with the exclusive right to purchase specified real estate property within a predetermined timeframe and at an agreed-upon price. The agreement complies with the Indian Contract Act, 1872, Transfer of Property Act, 1882, and other relevant Indian property laws. It details the option period, consideration, exercise mechanisms, property specifications, and conditions precedent to purchase, while incorporating necessary provisions for registration and stamp duty requirements under Indian legislation.

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What is a Option Contract (Real Estate)?

This Option Contract (Real Estate) is utilized when a potential buyer wishes to secure the right to purchase a property in India without immediately committing to the full purchase. It provides a mechanism for the option holder to evaluate the property and arrange financing while maintaining exclusive purchase rights. The document must comply with Indian real estate and contract laws, including the Transfer of Property Act, Registration Act, and RERA regulations where applicable. It's particularly valuable in complex real estate transactions where due diligence is required or when market conditions necessitate a staged approach to property acquisition. The agreement typically includes detailed property descriptions, option period terms, consideration amounts, exercise procedures, and purchase price mechanisms.

What sections should be included in a Option Contract (Real Estate)?

1. Parties: Identification of the Option Grantor (property owner) and Option Holder, including full legal names, addresses, and registration details if companies

2. Background: Context of the agreement, relationship between parties, and brief description of the property and transaction purpose

3. Definitions and Interpretation: Key terms used in the agreement, including 'Option Period', 'Option Price', 'Purchase Price', 'Property', and interpretation rules

4. Grant of Option: Clear statement of the option rights being granted, including exclusivity provisions

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

6. Option Price and Payment: Amount payable for the option right and payment terms, including whether it's adjustable against the purchase price

7. Exercise of Option: Procedure for exercising the option, including notice requirements and formalities

8. Purchase Price: The agreed price for the property if the option is exercised, including any adjustment mechanisms

9. Title and Ownership: Confirmations regarding clear title and ownership rights of the property

10. Representations and Warranties: Standard warranties about property ownership, encumbrances, and authority to enter into the agreement

11. Termination: Circumstances under which the option agreement can be terminated

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

13. Notices: Process for sending and receiving formal notices under the agreement

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability

What sections are optional to include in a Option Contract (Real Estate)?

1. Due Diligence: Rights and process for conducting property investigations, used when the option holder requires specific due diligence rights

2. Multiple Properties: Additional provisions for handling multiple properties under the same option, used when the option covers more than one property

3. Third Party Rights: Provisions dealing with existing tenants or other third-party rights, used when the property has existing occupants

4. Development Rights: Provisions regarding development or construction during the option period, used for undeveloped properties

5. Environmental Matters: Specific provisions regarding environmental conditions and liabilities, used for industrial or potentially contaminated properties

6. RERA Compliance: Specific provisions for RERA compliance, used when dealing with under-construction properties

7. Broker Provisions: Provisions regarding real estate broker involvement and commissions, used when brokers are involved

What schedules should be included in a Option Contract (Real Estate)?

1. Property Description: Detailed description of the property including address, boundaries, survey numbers, and registered area

2. Title Documents: List of title documents and chain of title

3. Payment Schedule: Detailed breakdown of option price and purchase price payment terms

4. Form of Option Exercise Notice: Template notice for exercising the option

5. Encumbrances: List of existing encumbrances, liens, or other rights affecting the property

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

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions




































Clauses






























Relevant Industries

Real Estate

Property Development

Construction

Real Estate Investment

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail

Infrastructure Development

Urban Planning

Relevant Teams

Legal

Real Estate

Property Management

Investment

Business Development

Compliance

Asset Management

Finance

Corporate Development

Risk Management

Relevant Roles

Real Estate Director

Property Manager

Investment Manager

Legal Counsel

Corporate Lawyer

Real Estate Agent

Property Developer

Land Acquisition Manager

Real Estate Investment Analyst

Business Development Manager

Chief Investment Officer

Real Estate Portfolio Manager

Compliance Officer

Property Consultant

Asset 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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