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ARTICLE · 02 MAY 2019

Option agreement to buy land must be in the appropriate form – developers take note

This NSW case has illustrated the difficulties a purchaser could face when buying property under an option agreement.

AustraliaReal Estate and Construction

What is an option agreement?

An option agreement is a contractual document required when investors and developers purchase land under an option. An option gives the purchaser time to undertake due diligence, secure required funds, and submit any development applications regarding rezoning or subdivision of the land.

Usually prepared by lawyers, with a standard contract for sale annexed to it, an option agreement includes terms such as the agreed purchase price of the land, a commencement date for the option agreement to begin, as well as an expiry date which is the last day the purchaser has to "call" the option.

Under an option agreement, a vendor is referred to as the grantor of the option, and the purchaser is referred to as the grantee.

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