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ARTICLE · 10 NOVEMBER 2014

Option agreements from a real estate agent's perspective

Property owners and developers may have competing and sometimes conflicting interests, when conducting negotiations.

AustraliaReal Estate and Construction

In brief - Property owners and property developers can have competing interests

As a real estate agent, you can be engaged by a developer or by a group of owners to negotiate options for sites which have development potential.

What are the things that you need to consider when conducting negotiations between the owners and the developer, bearing in mind that they obviously have competing and sometimes conflicting interests?

This article continues the discussion begun in our earlier article, Option agreements from a property developer's perspective.

Questions to consider when negotiating options

The questions you need to consider are the following.

  • Are the commercial parameters clearly understood by both parties? These are the nature of the option (whether it is a call option only or a put and call option), fees to be paid, extensions to which the developer is entitled, the price (and any formula for uplift depending on the outcome of development

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