Option Contract (Real Estate) Template for Indonesia

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Key Requirements PROMPT example:

Option Contract (Real Estate)

"I need a Real Estate Option Contract for a commercial property in Jakarta, Indonesia, giving our company a 6-month option period starting March 1, 2025, with specific provisions for environmental due diligence and foreign ownership compliance."

Document background
The Option Contract (Real Estate) is a strategic instrument commonly used in Indonesian property transactions to secure future purchase rights while allowing time for due diligence, financing arrangements, or market assessment. This document is essential when parties wish to establish a formal framework for a potential property sale without immediate commitment to purchase. It provides the option holder with exclusive rights to purchase the property within a specified timeframe, while the property owner receives consideration for maintaining this option. The agreement must comply with Indonesian property law requirements, including the Basic Agrarian Law and land registration regulations. It's particularly valuable in complex real estate transactions, development projects, or when phased acquisition strategies are being implemented. The document includes comprehensive details about the property, option terms, exercise mechanics, and completion procedures, all structured to ensure enforceability under Indonesian law.
Suggested Sections

1. Parties: Identification of the Option Grantor and Option Holder, including their full legal names, addresses, and any registration numbers

2. Background: Context of the agreement, including brief description of the property and parties' intention to enter into an option arrangement

3. Definitions: Key terms used throughout the agreement, including Property, Option Period, Exercise Price, and other relevant definitions

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

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

6. Option Fee: Amount, payment terms, and status of the option fee (refundable/non-refundable)

7. Exercise Price: Purchase price of the property upon exercise of the option and payment terms

8. Exercise of Option: Process and requirements for exercising the option, including notice requirements

9. Property Details: Comprehensive description of the property, including legal title details and encumbrances

10. Representations and Warranties: Statements regarding property ownership, authority to sell, and other key assurances

11. Completion: Process and requirements for completing the sale after option exercise

12. Default and Termination: Consequences of breach and circumstances for termination

13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

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

2. Foreign Investment Provisions: Special provisions required when the option holder is a foreign entity, addressing Indonesian foreign ownership restrictions

3. Broker/Agent Provisions: Terms regarding real estate agents or brokers, included when intermediaries are involved

4. Bank Guarantee: Terms for providing security through a bank guarantee, used when required by the grantor

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

6. Development Conditions: Terms regarding future development rights or restrictions, relevant for undeveloped land or properties with development potential

7. Multiple Properties: Additional provisions for handling multiple properties under one option, when applicable

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property, including certificates, boundaries, and mapping details

2. Option Exercise Notice: Template notice for exercising the option

3. Payment Schedule: Breakdown of payment terms, including option fee and purchase price installments

4. Title Documents: Copies of relevant title certificates and land registration documents

5. Encumbrances Schedule: List of existing encumbrances, easements, or restrictions on the property

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

7. Form of Transfer Deed: Draft of the property transfer deed to be used upon option exercise

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail

Mixed-Use Development

Infrastructure Development

Agriculture (for land acquisition)

Mining (for land rights)

Tourism

Relevant Teams

Legal

Real Estate

Property Development

Investment

Finance

Operations

Compliance

Risk Management

Business Development

Project Management

Asset Management

Relevant Roles

Real Estate Director

Property Development Manager

Legal Counsel

Investment Manager

Land Acquisition Manager

Real Estate Investment Analyst

Property Portfolio Manager

Commercial Director

Chief Investment Officer

Business Development Manager

Real Estate Operations Manager

Compliance Officer

Risk Manager

Finance Director

Project 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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