Option Agreement (Real Estate) for the United States

Option Agreement (Real Estate) Template for United States

A Real Estate Option Agreement is a legal contract governed by U.S. state and federal laws that grants a potential buyer (option holder) the exclusive right, but not the obligation, to purchase a specific property at a predetermined price within a specified timeframe. This agreement requires consideration paid to the property owner and must comply with state-specific real estate laws, the Statute of Frauds, and local property regulations. It serves as a preliminary step before a full purchase agreement, allowing the potential buyer time to conduct due diligence while securing their interest in the property.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Option Agreement (Real Estate)

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Option Agreement (Real Estate)?

Real Estate Option Agreements are essential tools in property transactions across the United States, providing potential buyers with secured rights while maintaining flexibility. When parties need to establish purchase rights without immediate commitment to a sale, an Option Agreement (Real Estate) serves as the primary document to outline terms, conditions, and timeframes. This agreement is particularly useful when buyers need time for due diligence, financing arrangements, or development planning. It must comply with state-specific real estate laws and typically includes details about the property, option price, purchase price, exercise period, and conditions for execution. The document provides security for the buyer while compensating the seller for keeping the property off the market.

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

1. Parties: Identification and details of the option grantor (property owner) and option holder (potential buyer)

2. Background: Context of the agreement, property overview, and purpose of the option arrangement

3. Definitions: Key terms used throughout the agreement including Property, Option Period, Exercise Price, and Closing Date

4. Grant of Option: Specific terms of the option grant including duration, exclusivity, and consideration paid for the option

5. Exercise of Option: Detailed process and requirements for exercising the option, including notice requirements and timing

6. Purchase Price: Agreed purchase price for the property and payment terms if option is exercised

7. Term and Termination: Duration of the option period and conditions for early termination

8. Representations and Warranties: Statements of fact and guarantees by both parties regarding the property and their authority

9. Governing Law: Specification of applicable state law and jurisdiction for disputes

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

1. Due Diligence: Rights and process for property inspection and investigation during option period

2. Assignment Rights: Terms governing whether and how the option rights may be transferred to third parties

3. Environmental Provisions: Specific terms regarding environmental conditions, warranties, and indemnities

4. Property Access: Terms governing access to the property during the option period

5. Extension Rights: Provisions for extending the option period if desired

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

1. Schedule A - Property Description: Detailed legal description of the property including boundaries, easements, and improvements

2. Schedule B - Title Requirements: Specific requirements for acceptable title and list of permitted exceptions

3. Schedule C - Form of Purchase Agreement: Draft purchase agreement to be executed upon exercise of the option

4. Schedule D - Due Diligence Checklist: Comprehensive list of required inspections, documentation, and deliverables

5. Schedule E - Option Exercise Notice: Form of notice to be used when exercising the option

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

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Industries

State-Specific Real Estate Laws: Individual state regulations governing real estate transactions, including specific requirements for contracts, zoning laws, and land use regulations that vary by jurisdiction

Statute of Frauds: Legal requirement that real estate contracts must be in writing, with valid signatures and essential terms clearly stated to be legally enforceable

Property Laws: Fundamental laws governing property rights, restrictions, easements, encumbrances, and title requirements that affect real estate transactions

Contract Law: Basic principles of contract formation, including consideration requirements, offer and acceptance rules, and other essential elements of valid contracts

Recording Requirements: State-specific statutes governing the recording of real estate documents, including format requirements and notice provisions

Time Limitations: Legal time constraints including statutes of limitations, option period restrictions, and exercise period requirements specific to real estate options

Consumer Protection Laws: Regulations designed to protect consumers in real estate transactions, including disclosure requirements, fair housing laws, and anti-discrimination provisions

Tax Considerations: Federal, state, and local tax implications of real estate option agreements, including capital gains considerations and tax reporting requirements

Environmental Regulations: Laws governing environmental protection, hazardous materials disclosure, and environmental liability in real estate transactions

RESPA Compliance: Real Estate Settlement Procedures Act requirements including mandatory disclosures and settlement procedures for applicable transactions

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

Find the exact document you need

Agreement Letter Between Company And Employee

A U.S.-compliant formal agreement establishing employment terms and conditions between an employer and employee.

find out more

Contract Letter Between Two Parties

A legally binding agreement in letter format that establishes contractual relationships between two parties under U.S. law.

find out more

Agreement For Work To Be Performed

A U.S. legal contract defining terms and conditions for specific work or services to be provided, including scope, payment, and deliverables.

find out more

Enforceable Contract

U.S.-compliant enforceable contract template incorporating all essential elements required under federal and state law.

find out more

White Label Software License

A U.S.-governed agreement allowing companies to license and rebrand software products under their own name.

find out more

Electronic Confidentiality Agreement

A U.S.-compliant agreement protecting confidential information shared electronically between parties, incorporating federal electronic signature and trade secret laws.

find out more

Basic Contract

A standard U.S.-compliant contract template establishing fundamental terms and conditions between parties, suitable for various business relationships.

find out more

Prenuptial Agreement

A U.S. legally binding contract executed before marriage that establishes property and financial rights of spouses in case of divorce or death.

find out more

Agreement Letter Between Two People

A legally binding agreement letter used in the U.S. to document mutual understanding and obligations between two individuals, following American contract law principles.

find out more

Home Contract Agreement

A legally binding agreement under U.S. federal and state laws that documents the terms and conditions for the purchase and sale of residential property.

find out more

Statement Of Agreement

A U.S.-compliant formal document that outlines agreed terms between parties, serving as a legally binding agreement while being more streamlined than a full contract.

find out more

Agreement Between Principal Employer And Contractor

A U.S.-governed contract defining the relationship and terms between a principal employer and independent contractor.

find out more

Business Percentage Agreement

A U.S.-governed agreement establishing percentage-based revenue or profit sharing terms between business parties.

find out more

Rent In Exchange For Services Agreement

A U.S. legal agreement establishing terms for rent-free accommodation in exchange for specified services provided to the property owner.

find out more

Catering Contract

A U.S.-governed agreement between caterers and clients for professional food service provision, covering service terms, pricing, and regulatory compliance.

find out more

White Label Software License Agreement

A US-governed agreement allowing companies to license and rebrand software products under their own brand name.

find out more

Business Cooperation Agreement

A US law-governed agreement establishing terms and conditions for business collaboration between multiple parties, defining rights, obligations, and operational framework.

find out more

Terms Of Business Agreement

A US law-governed agreement establishing core terms and conditions for business-to-business service provision.

find out more

Online Lease Agreement

A U.S.-compliant digital rental contract establishing terms between landlord and tenant for residential property use.

find out more

Business Contract

A U.S.-governed Business Contract establishing terms and conditions for commercial relationships between business entities.

find out more

Yearly Contract Agreement

A US-governed agreement establishing terms and conditions for a twelve-month contractual relationship between parties.

find out more

Working Partner Agreement

A U.S. legal agreement defining the terms and conditions of a working partner's involvement in a business, including ownership rights and operational responsibilities.

find out more

Work For Hire Contract

A U.S.-governed agreement establishing ownership rights of commissioned work under the work-for-hire doctrine.

find out more

Work For Hire Agreement

A U.S.-governed agreement establishing ownership rights and terms for work created by a contractor for a hiring party, under copyright law.

find out more

Work Contract Agreement

A legally binding employment agreement that establishes work terms and conditions between employer and employee, compliant with U.S. federal and state employment laws.

find out more

Work Contract

A legally binding employment agreement that establishes terms and conditions of employment under U.S. federal and state laws.

find out more

Work Agreement

A U.S.-compliant agreement establishing employment terms between employer and employee.

find out more

Wholesaling Houses Contracts

A U.S. legal agreement enabling the transfer of property purchase rights from a wholesaler to an end buyer, subject to federal and state real estate regulations.

find out more

White Label Agreement

A U.S.-governed agreement enabling one company to rebrand and sell another company's products or services under their own brand name.

find out more

Website Development Agreement

A U.S.-compliant legal agreement between a website developer and client establishing terms for website development services, including scope, timeline, and deliverables.

find out more

Website Design Contract

A U.S.-compliant legal agreement between a website designer and client defining the terms of website design services and deliverables.

find out more

Website Contract

A U.S.-governed legal agreement between website developers and clients defining website development terms and obligations.

find out more

Web Development Contract

A U.S.-governed legal agreement between a web developer and client specifying terms for website development services, including scope, deliverables, and rights.

find out more

Web Design Contract

A U.S.-governed legal agreement between a web designer and client specifying terms, deliverables, and rights for website development services.

find out more

Volunteer Contract

A legally binding agreement under U.S. law that establishes terms and conditions between a volunteer and an organization for unpaid service provision.

find out more

Voluntary Service Agreement

A U.S.-governed agreement defining terms and conditions for volunteer services, protecting both the volunteer and the organization.

find out more

Virtual Assistant Contract

A U.S.-compliant legal agreement establishing the terms and conditions between a client and a virtual assistant, governing remote work arrangements and protecting both parties' interests.

find out more

Venue Rental Agreement

A U.S.-compliant legal agreement governing the temporary rental of a venue or facility, establishing terms, conditions, and responsibilities between the venue owner and renter.

find out more

Vendor Services Agreement

A U.S.-governed contract defining the terms and conditions for services provided by a vendor to a client.

find out more

Vendor Contract

A legally binding agreement under U.S. law that governs the relationship between a vendor and purchaser, establishing terms for goods or services provision.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now