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Real Estate Option To Purchase Agreement
"I need a Real Estate Option to Purchase Agreement for a commercial property in Manila's Makati district, where my company wants a 6-month option period starting March 1, 2025, with the ability to conduct environmental due diligence and include special provisions for potential foreign investment approval."
1. Parties: Identifies and provides complete details of the Option Grantor (property owner) and Option Holder, including their legal capacity to enter into the agreement
2. Background: Establishes the context of the agreement, including the owner's willingness to grant an option and the potential buyer's interest in purchasing the property
3. Definitions: Defines key terms used throughout the agreement, including 'Option Period', 'Option Fee', 'Purchase Price', and other relevant terms
4. Grant of Option: Explicitly states the grant of the option to purchase the property, including the exclusivity of the option if applicable
5. Option Period: Specifies the duration of the option, including start and end dates, and any conditions for extension
6. Option Fee: Details the amount of the option fee, payment terms, and whether it will be applied to the purchase price
7. Exercise of Option: Describes the process and requirements for exercising the option, including notice requirements and form of exercise
8. Purchase Price: States the agreed purchase price for the property if the option is exercised
9. Property Description: Provides the legal description and details of the property subject to the option
10. Representations and Warranties: Lists the representations and warranties of both parties regarding the property and their capacity to enter into the agreement
11. Default and Termination: Specifies events of default and their consequences, and conditions for termination
12. Governing Law: Confirms that Philippine law governs the agreement and specifies jurisdiction for disputes
13. Execution: Formal closing section with signature blocks and notarial requirements
1. Due Diligence: Include when the option holder requires a due diligence period to investigate the property. Specifies the scope, duration, and conditions of the due diligence investigation
2. Financing Contingency: Include when the option holder's ability to purchase is contingent on obtaining financing. Specifies the terms and conditions of the financing requirement
3. Property Maintenance: Include when specific obligations regarding property maintenance during the option period need to be established
4. Assignment Rights: Include when the option holder wishes to have the right to assign the option to another party
5. Rights of First Refusal: Include when there are existing rights of first refusal that need to be addressed or when granting additional rights
6. Broker Provisions: Include when real estate brokers are involved in the transaction
7. Foreign Ownership Compliance: Include when either party is a foreign national, addressing compliance with Philippine foreign ownership restrictions
1. Property Description Schedule: Detailed technical description of the property, including boundaries, technical description, and tax declaration details
2. Title Documents: Copy of the title certificate and other relevant property documents
3. Payment Schedule: Detailed breakdown of the payment terms, including option fee and purchase price payment structure
4. Due Diligence Requirements: List of documents and information to be provided for due diligence
5. Form of Exercise Notice: Template notice for exercising the option
6. Permitted Encumbrances: List of accepted encumbrances or liens on the property
7. Property Inspection Report: Current condition report of the property, if relevant
Authors
Option
Option Period
Option Fee
Exercise Notice
Exercise Date
Effective Date
Property
Purchase Price
Completion Date
Business Day
Due Diligence Period
Due Diligence Materials
Encumbrances
Permitted Encumbrances
Certificate of Title
Tax Declaration
Transfer Taxes
Completion
Default Event
Force Majeure
Governmental Authority
Laws
Material Adverse Change
Notice
Option Exercise Price
Parties
Option Grantor
Option Holder
Property Documents
Real Estate Taxes
Registration Fees
Representatives
Security Deposit
Technical Description
Title Insurance
Transfer Date
Zoning Requirements
Broker
Closing Costs
Documentary Requirements
Environmental Laws
Local Government Unit
Payment Terms
Registry of Deeds
Definitions
Grant of Option
Option Period
Option Fee
Exercise of Option
Purchase Price
Property Description
Due Diligence
Representations and Warranties
Title and Ownership
Encumbrances
Property Condition
Environmental Compliance
Property Access
Risk and Insurance
Payment Terms
Default
Termination
Assignment
Force Majeure
Notices
Governing Law
Dispute Resolution
Registration and Stamp Duty
Costs and Taxes
Broker Provisions
Foreign Ownership Compliance
Entire Agreement
Severability
Amendment
Waiver
Counterparts
Confidentiality
Further Assurance
Time of Essence
Survival
Authority and Capacity
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Investment Management
Hospitality
Retail
Industrial
Commercial Property
Residential Property
Agriculture (for agricultural land)
Manufacturing
Legal
Real Estate
Property Management
Business Development
Finance
Compliance
Risk Management
Operations
Investment
Corporate Development
Asset Management
Project Development
Real Estate Director
Property Manager
Legal Counsel
Corporate Lawyer
Real Estate Broker
Property Developer
Investment Manager
Chief Financial Officer
Business Development Manager
Land Acquisition Manager
Real Estate Investment Analyst
Property Assessor
Compliance Officer
Risk Manager
Project Manager
Asset Manager
Operations Director
Chief Executive Officer
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